Oklahoma Appeals / Appellate Law Questions & Answers
Q: Does family of defendant need to talk to news when appeals are about to start
Pete David Louden's answer
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.
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.
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
1 Answer
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Appeals / Appellate Law, Child Custody and Family Law
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Oklahoma
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Answered on Nov 29, 2018
Answered on Nov 29, 2018
Pete David Louden's answer
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.
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.
Q: Where would I research the laws or statutes that govern the suspension of a driver's license and their effective dates?
1 Answer
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Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law
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Oklahoma
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Answered on Nov 4, 2018
Answered on Nov 4, 2018
Q: Knowingly and concealing stolen property is what my husband got revoked for is it possible to get an released early
2 Answers
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in
Criminal Law and Appeals / Appellate Law
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Oklahoma
on
Answered on Aug 31, 2018
Answered on Aug 31, 2018
Keegan Kelley Harroz's answer
Yes, you can have your probation partially revoked which makes it possible for the remaining portion to be revoked later. This is the situation you seem to be describing. I’ve seen people be partially revoked my entire career and it’s common. He still had paper time to be revoked so everything was probably done correctly. He doesn’t get credit for street time. No he can’t get out any earlier than standard DOC policy allows.
Yes, you can have your probation partially revoked which makes it possible for the remaining portion to be revoked later. This is the situation you seem to be describing. I’ve seen people be partially revoked my entire career and it’s common. He still had paper time to be revoked so everything was probably done correctly. He doesn’t get credit for street time. No he can’t get out any earlier than standard DOC policy allows.
Q: Conflict of interest. Both were assigned the same lawyer.
1 Answer
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in
Criminal Law, Appeals / Appellate Law and Civil Rights
for
Oklahoma
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Answered on Jul 8, 2018
Answered on Jul 8, 2018
Keegan Kelley Harroz's answer
It sounds like he consented to the representation and therefore waived his rights. He voluntarily negotiated a plea agreement and is going to have to live with that decision.
It sounds like he consented to the representation and therefore waived his rights. He voluntarily negotiated a plea agreement and is going to have to live with that decision.
Q: have a motion to revoke on probation. the judge said it's a schedule 2 review. completed drug rehab
1 Answer
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in
Criminal Law, Appeals / Appellate Law and Probate
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Oklahoma
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Answered on Jan 22, 2018
Answered on Jan 22, 2018
Keegan Kelley Harroz's answer
If you are in compliance, and show up with an attorney, you will probably be okay. However, the worst thing that is possible is that you are revoked for the full term of your probation and you go to prison.
If you are in compliance, and show up with an attorney, you will probably be okay. However, the worst thing that is possible is that you are revoked for the full term of your probation and you go to prison.
Q: Can a decision on a gardianship case in oklahoma county family court be appealed if there is new evidence?
Gary Johnston Dean's answer
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 updates on Oklahoma law. :-)
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 updates on Oklahoma law. :-)
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?
1 Answer
| Asked
in
Family Law, Adoption, Appeals / Appellate Law and Child Custody
for
Oklahoma
on
Answered on Jul 1, 2017
Answered on Jul 1, 2017
Gary Johnston Dean's answer
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.
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?
2 Answers
| Asked
in
Criminal Law, Appeals / Appellate Law, Constitutional Law and Gov & Administrative Law
for
Oklahoma
on
Answered on Jun 26, 2017
Answered on Jun 26, 2017
Keegan Kelley Harroz's answer
Changes in the law are not retroactive unless the statute specifically states that the law is retroactive. This means that if the crime is classified as a felony at the time it was committed the crime is still a felony even if committed today it would have been a misdemeanor.
Changes in the law are not retroactive unless the statute specifically states that the law is retroactive. This means that if the crime is classified as a felony at the time it was committed the crime is still a felony even if committed today it would have been a misdemeanor.
Q: Can a domestic A&B be dismissed if police failed to view hospital parking security video & only had witnesses reports?
1 Answer
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in
Domestic Violence, Criminal Law and Appeals / Appellate Law
for
Oklahoma
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Answered on Jun 24, 2017
Answered on Jun 24, 2017
Gary Johnston Dean's answer
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
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
Q: Is renting furniture from a place like aarons renting it for a month then calling them to come pick it up and returning
1 Answer
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in
Criminal Law, Appeals / Appellate Law, Civil Rights and Libel & Slander
for
Oklahoma
on
Answered on Apr 12, 2017
Answered on Apr 12, 2017
Keegan Kelley Harroz's answer
Without having all the information regarding your case, I can not give any advise on whether this is a valid charge or not, but regardless, you definitely need a lawyer to help you with the criminal case. I suggest hiring an attorney immediately.
Without having all the information regarding your case, I can not give any advise on whether this is a valid charge or not, but regardless, you definitely need a lawyer to help you with the criminal case. I suggest hiring an attorney immediately.
Q: Laws on revocation.
1 Answer
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Criminal Law, Appeals / Appellate Law and Civil Rights
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Oklahoma
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Answered on Mar 24, 2017
Answered on Mar 24, 2017
Robert Donald Gifford II's answer
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?
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?
Q: I have been notified that my unemployment insurance award is being appealed by my former employer.
1 Answer
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in
Appeals / Appellate Law and Employment Law
for
Oklahoma
on
Answered on Mar 15, 2016
Answered on Mar 15, 2016
Mr. Michael O. Stevens' answer
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.
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.
Q: are there any recent felony murder reversals?
Robert Jason De Groot's answer
To answer your question requires a ton of research. That is not done for free.
To answer your question requires a ton of research. That is not done for free.
Q: In simplistic terms, what is a per curiam opinion with regard to the Supreme Court?
Robert Jason De Groot's answer
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.
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.
Q: If an appeal was filed June 2014. How long does the court have to make a decision?
Robert Jason De Groot's answer
Ask a local appellate attorney or call the clerk of that court and ask this question.
Ask a local appellate attorney or call the clerk of that court and ask this question.
Q: After filling a petition in error in Oklahoma, when shall I file the appellant brief
Robert Jason De Groot's answer
Each state has its own rules of appellate procedure. Get to a law library, find the right rules, and start reading them.
Each state has its own rules of appellate procedure. Get to a law library, find the right rules, and start reading them.
Q: How do I find out if someone is on the 10th circuit court of appeals list for a death row inmate
Robert Jason De Groot's answer
Go to the court website, and start looking for what you need to know. https://www.ca10.uscourts.gov/
Go to the court website, and start looking for what you need to know. https://www.ca10.uscourts.gov/
Q: What is the appeal court for breach of contract dispute
Howard Berkson's answer
A civil case from an Oklahoma District Court is appealed to the Oklahoma Supreme Court. But, unless the case involves some important issue, the Supreme Court will ordinarily send the case to the Oklahoma Court of Civil Appeals for review. In that case, you can still ask the Oklahoma Supreme Court to review a Court of Civil Appeals decision.
A civil case from an Oklahoma District Court is appealed to the Oklahoma Supreme Court. But, unless the case involves some important issue, the Supreme Court will ordinarily send the case to the Oklahoma Court of Civil Appeals for review. In that case, you can still ask the Oklahoma Supreme Court to review a Court of Civil Appeals decision.
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