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Oklahoma Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: How should a response to an appeal look like? What information should be included?

Judge ruled in my favor to have my child returned to me but state is appealing.

Charles William Michaels
Charles William Michaels answered on Sep 25, 2020

First, I am not an Oklahoma attorney. That being said, I suppose you are the "Appellee" so you must file a brief as the Appellee. Usually, the deadline for filing that brief is 30 days from the Appellant's brief (in this case, the State). And you should be sent a copy of the... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oklahoma on
Q: Criminal conviction in a mun. court not of record. Appeal bond ordered payed before or at time of filing notice. why?

The trial judge has ordered a cash appeal bond be payed at the time of or prior to the filing of the notice of intent to appeal. This bond is in the same amount as the fines I was sentenced to. Is this not a denial of the right every person has to appeal in every case in Oklahoma? Seems that if... Read more »

Frank A. Urbanic
Frank A. Urbanic answered on Sep 3, 2020

No, it's not. There are cases that say they can't do that, yet it's still done all over Oklahoma. Hire an attorney to address this issue with the judge.

Q: Can you receive a deferred sentence on a felony charge if you've previously received a deferred sentence for a felony?

4 years ago I received a deferred sentence for a felony conviction. In June 2020 I received a deferred sentence for a new felony charge. Is this legal?

David A. Cincotta
David A. Cincotta answered on Aug 11, 2020

The answer to your question is "yes, it is legal." That is because you did not have more than one deferred judgment within the 10 years before committing the crime that led to you receiving the deferred judgment in June 2020. The relevant statute reads as follows:

"The...
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Q: What is appeal? If sentenced can you still get one?
Tim Akpinar
Tim Akpinar answered on Feb 9, 2020

You include four categories for your question, but do not include Criminal Law - although you mention the word "sentencing." If your matter involves sentencing, a criminal defense lawyer should be advising you. As a general matter in virtually any context, appeals are governed by short... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Oklahoma on
Q: How can someone charged in a robbery case met with so called traumatized victim then contact them to drop charges?

Ive writtened emailed faxed phonedthe governor mayor attorney general city manager and im not gonna stop until someone with some authority looks into this case. Ive got a website that has this case. Noone wants to listen or even cares this is my sons life

Tracy Tiernan
Tracy Tiernan answered on Feb 2, 2020

Sounds like you are suggesting someone either has or is trying to reach out to an alleged victim to get them to drop criminal felony charges. Not a good idea at all. Anyone who does so Faces the very real risk that the alleged victim might contact authorities and say they felt pressured. In that... Read more »

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: In 2003 I believe an article was published in the Oklahoma Bar Journal that dealt with brief writing

The writer began by saying that appellate courts read a lot of writing and unfortunately they read a lot of poor writing. The article cited some cases in which lawyers tried to win their cases by disparaging the court or the opposition. I remember laughing at the brutal way the Oklahoma Supreme... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

You could check with the Oklahoma Bar Association. The problem is that many state bar associations don't go back that far with their online journals. If they don't have it on their site, you could contact them directly to see if one of the administrators could assist. Another option might... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oklahoma on
Q: I need help on I guess filing a motion for a new trial or reconsider motion are filing an appeal for a misdemeanor petty

If I file an appeal it's going to cost me $370 and I have to do it before September 30th or I won't get to a pill at all but I was hoping that maybe there was a way I could ask the judge for a new trial or for a reconsider

Brian Boeheim
Brian Boeheim answered on Sep 22, 2019

What county was this in, or was it a municipal case?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: Guess my name is Megan Fifield and I am looking for an attorney that does pro bono if not based off your income

I need to file an appeal by September 30th on a criminal misdemeanor petty larceny I was found guilty when I was representing myself on the 19th of September it was an incident at Walmart in the self-checkout but if you get back to me I can explain more to you because I want to fight this cuz... Read more »

Brian Boeheim
Brian Boeheim answered on Sep 22, 2019

What County was this in, or was this a municipal case?

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: How do I get a form to appeal termination of parental rights
Pete David Louden
Pete David Louden answered on Mar 15, 2019

An appeal is more involved than filling out a form. There are several steps and time limitations. Meet with an attorney that handles appeals and they will be able to fully explain the process and help you file the appeal.

2 Answers | Asked in Appeals / Appellate Law for Oklahoma on
Q: Does family of defendant need to talk to news when appeals are about to start
Pete David Louden
Pete David Louden answered on Jan 27, 2019

You should speak with the attorney for the defendant and seek guidance on this issue. The attorney can tell you what potential impact it may have on the case.

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1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for Oklahoma on
Q: how do I find help on a appeal when she used legal aid and judge seen text where she told me to come and still granted p

my sons mom filed a protective order so I cant see and stop me from getting joint custody of my son and the judge seen text where she told me to come at 8 and still granted it and she used legal aid so they cant help me I got 14 days to file a appeal where do I find help

Pete David Louden
Pete David Louden answered on Nov 29, 2018

This sounds like you may have tried to represent yourself without an attorney. Best possible thing you can do is hire an attorney now so that they can help you. Use the find a lawyer feature on avvo and you can select from many highly qualified lawyers.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: Knowingly and concealing stolen property is what my husband got revoked for is it possible to get an released early

He had already had a yr revoked leaving 7 more. His time would have been up In 3rd month next year. Can a revoked happen twice. would an appeal slow down his time or would it help

Keegan Kelley Harroz
Keegan Kelley Harroz answered on Aug 31, 2018

If it has been more than 10 days since he was sentenced he is not eligible to appeal. An appeal won’t delay his release but his chances of winning are almost 0.

1 Answer | Asked in Appeals / Appellate Law and Family Law for Oklahoma on
Q: Can a decision on a gardianship case in oklahoma county family court be appealed if there is new evidence?

The Judge hurried up the matter to the point that the mother's attorney got tome but there was no time alotted to the petitioner.

Gary Johnston Dean
Gary Johnston Dean answered on Nov 26, 2017

Yes, Generally in Oklahoma, you have 30 days after a decision to appeal, or file motions. Some motions however must be filed within 10 days.

Please visit my website, www.garyjdean.com for information on Oklahoma law. Then, at the bottom of the homepage, "Subscribe" to get email...
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1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Oklahoma on
Q: I was denied to be a TFC parent & denied an OKDHS foster kinship because I work. Even with a court order. What do I?

The entire time, the worker has not allowed any form of contact between me and the child. Even though we already have a relationship and she continues to tell him I'm trying to fostadopt.

judge ordered he be moved to my home as soon as possible once my home is approved. Ever since... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Jul 1, 2017

Immediately You should consult an experienced Family Law attorney for help .

It would appear that a change of DHS caseworker is in order. You should document the prejudice by this worker. Your employment is not a reason to deny when suitable care is available during your work hours.

Q: Changes to OK §21-1713 (KNWNGLY CONC STLN PRPTY) on July.01.2017?

The laws change due to State-Question 780 in OK on July 01, 2017 and it takes the valuations in 21 o.s. 1713 (KNOWNGLY CONC STLN PROP) up to $1000.00 for classification as a Felony. Below $1.00 to $999.99 of value should be classified as a Misdemeanor correct? Also, if one was charged in the year... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Jun 26, 2017

I agree with answer by Ms. Harroz, however I understand many District Attorney offices will reduce old charges in the discretion of the prosecutor.

1 Answer | Asked in Domestic Violence, Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: Can a domestic A&B be dismissed if police failed to view hospital parking security video & only had witnesses reports?

If a person plead guilty to $50 fine because their public defender told them that the DA still had enough witnesses testimonies of the defendant assaulting the victim and later defendant finds out that video is called exculpatory evidence & the police failed to view & preserve that video... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Jun 24, 2017

In criminal law, there are very important time frames for appeals and motions to withdraw pleas.

You should IMMEDIATELY contact an experienced Criminal Law Attorney for help. Convictions for domestic violence carry LIFETIME Ramifications!

Gary J Dean, Attorney

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Oklahoma on
Q: Laws on revocation.

I discharged my Suspended sentence 6/2016 app to revoke was issued 8/16, warrant was issued 11/16. At my hearing the judge said he did not care that I completed my sentence. What can I do??

Robert Donald Gifford II
Robert Donald Gifford II answered on Mar 24, 2017

Based on your question, there would not be any jurisdiction over you and no crime. Is it possible that you had some unpaid fines and the suspended sentence was not discharged yet?

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Oklahoma on
Q: I have been notified that my unemployment insurance award is being appealed by my former employer.

They have hired 3rd party people to represent them at the hearing. I assume they are lawyers. Do I need a lawyer to represent me at this hearing? Also, I live in Alabama but my UI claim is going through the OK Employment Security Commission.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 15, 2016

If they have attorneys, you will want your own. It would be like showing up to a race and they bring in a supped up sports car and you just bring your van. Maybe you win, but you are already at a disadvantage.

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: are there any recent felony murder reversals?

i was recently convicted of,felony murder, and would like to know if there have been any recent reversals

Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

To answer your question requires a ton of research. That is not done for free.

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: In simplistic terms, what is a per curiam opinion with regard to the Supreme Court?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

In law, a per curiam decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively and unanimously.

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