03.05.07

"I have lived my life, and I have fought my battles, not against the weak and the poor--anybody can do that--but against power, against injustice, against oppression, and I have asked no odds from them, and I never shall."

--Clarence S. Darrow, Attorney for the Damned 491, 497 (Arthur Weinberg ed. 1957)

I argued a case in the Tenth Circuit in Denver last week and then spent some time in the area because my wife and I like it there. We just returned last night and I cannot get caught up in time to make this a proper issue. Below are the quick-and-dirty case reports from the Oklahoma Court of Criminal Appeals and the Supreme Court. Next week will get back to normal; and will include a review of the moving film Pan's Labrynth.---Ed.

United States Supreme Court:

Whorton v. Bockting, No. 05-595 (U.S., February 28, 2007): Retroactivity: In a unanimous opinion, the Court held that the rule of Crawford v. Washington, 541 U.S. 36 (2004) (cross-examination required before testimonial statements may be used against an accused at trial) is not retroactive to cases on collateral review. The Ninth Circuit is reversed (what a shocker).

Oklahoma Court of Criminal Appeals:

Smith v. State, 2007 OK CR 6 (March 2, 2007): Charles and Bonnie Smith were convicted of multiple drug and other counts in Marshall County before the Hon. John H. Scaggs. This is not surprising since Judge Scaggs forced both to trial without counsel. The Smiths were initially determined to be indigent. However, in a very common scenario, they bonded out of jail and were apparently told by Judge Scaggs that since they bonded out they were no longer indigent. This has been the unwritten rule in many counties. HELD: REVERSED and remanded for new trial. The act of bonding out of jail creates a rebuttable presumption that the accused is not indigent but the record in this case does not contain any facts indicating that Judge Scaggs explained this to the Smiths or made any effort to determine their financial status other than the fact they bonded out of jail.

Congrats to Katrina Conrad-Legler, OIDS, for this published victory.

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