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Oklahoma Appeals / Appellate Law Questions & Answers
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
PREMIUM
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.

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: Can a roomate file her own case even if your on the same lease and I lost case. The attorney on the other side knew judg

We're trying to appeal.but does she have that right.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 22, 2015

More facts are need as to what has happened here.

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: If an appeal was filed June 2014. How long does the court have to make a decision?

It's an estate case.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 14, 2015

Ask a local appellate attorney or call the clerk of that court and ask this question.

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: After filling a petition in error in Oklahoma, when shall I file the appellant brief
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 1, 2015

Each state has its own rules of appellate procedure. Get to a law library, find the right rules, and start reading them.

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
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
Robert Jason De Groot
answered on Sep 1, 2015

Go to the court website, and start looking for what you need to know. https://www.ca10.uscourts.gov/

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: What is the appeal court for breach of contract dispute
Howard Berkson
Howard Berkson
answered on Nov 22, 2013

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... Read more »

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: What happens after an appeal court rules in your favor?

Past job tryied to state injuries were due to a diformity. I appealed and they said there wasn't enough proof to show it wasnt work related.

Howard Berkson
Howard Berkson
answered on Nov 12, 2013

There are a lot of ways the Appellate Court can rule in your favor, so I cannot answer your question very directly. What you do next depends on what, precisely, the court ruled.

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: Is there a time limit in filing a sentence modification on a case.
Howard Berkson
Howard Berkson
answered on Oct 25, 2013

I assume your question is about sentence modification through the sentencing court and not by appeal. Oklahoma Title 22, section 982a addresses the time limit for sentence modification by the sentencing court. The statute says: "Any time within twenty-four (24) months after the initial... Read more »

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