Criminal LawMultiple deaths at Lee Correctional Institution may result in liability
Posted in Criminal Law on April 16, 2018
Reports are suggesting that as many as seven inmates were killed at the Lee Correctional institution in Bishopville, South Carolina. Story here. Multiple death incidents at a correctional facility generally indicate other systemic problems. Facilities that experience these high death totals are typically understaffed, lack adequate training, or have substantial gang problems. These deficiencies are… read more…Suicide by cop scenario reported in Stillwater
Posted in Criminal Law on March 31, 2018
The Tulsa World is reporting that Stillwater officers shot and killed a man who called in a welfare check on himself. Article here. According to the World, 31 year old William Dominguez called police to conduct a welfare check on himself. He also reported possession of a gun and knife. When officers arrived, they shot… read more…Tenth Circuit issues major decision on marijuana industry
Posted in Criminal Law on June 8, 2017
On Wednesday the Tenth Circuit issued a mixed-bag opinion for the burgeoning marijuana industry. Beginning with bad news for the industry: the decision in Safe Streets Alliance v. Hickenlooper struck a blow in holding that a landowner adjacent to a state licensed marijuana grow operation had a plausible claim under the federal Racketeer Influenced and Corrupt Practices Act (“RICO”). The… read more…Title IX and Sexual Assaults on Campus
Schools and campuses are supposed to be a place where students can learn and should feel safe. Unfortunately, that is not always the case. Whether it is the school or college’s reputation or the fear of repercussions based upon an investigation, a problem is growing on campuses everywhere. Sexual violence on campuses is going unreported by… read more…The lying meter maid, its not a federal case
Is lying to police about a driver’s conduct fairly attributable to employment duties as a parking enforcement officer? The Tenth Circuit was recently called upon to answer this question. In Schaffer v. Salt Lake City Corp., Diana Schaffer parallel parked in a no parking zone and ticketed by two parking enforcement officers. When Schaffer returned, the officers… read more…10 Commandments of Police/Citizen Encounters
An encounter with police, a jailer, or any other law enforcement, can be a stressful experience, even for innocent people. Here are 10 rules to remember if you are ever approached by a police officer: Remain respectful Always maintain the high road. Anything you do that could be perceived as disrespectful (even if lawful), will… read more…Court: lie detector test may be admissible
Is it true that lie detector tests are not admissible evidence? The prevailing rule is that results of a polygraph are not admissible on the issue of credibility. Such a rule would jeopardize a suspects civil rights and presumption of innocence if the jury placed too much emphasis on the test results, which are subject… read more…DUI conviction: Can I seal my court record?
DUI files are public records. Employers, co-workers, landlords, and friends can find records of a DUI conviction through simple searches or through more expensive backgrounds checks. But is there a way to seal those records? In Ober v. Okla. Dept. of Public Safety, (issued Jan. 5, 2016) the Oklahoma Court of Civil Appeals affirmed its… read more…Why the shooting of Eric Harris was not justified
Last Friday, the Tulsa County Sheriff’s Department held a press conference to explain why the shooting of Eric Harris was justified and consistent with protocols. The department also released a video of the incident. While the video supports the claim that Harris was shot by a deputy who believed that he was using a Taser,… read more…Is a bartender responsible for over-serving you?
Does a bartender at a commercial business have any responsibility when serving alcohol? The answer is generally, yes. Under Oklahoma’s dram shop laws– laws governing bars that serve alcohol– a bartender who over-serves a visibly intoxicated patron can be held criminally liable, but, as discussed in greater detail below, there are several factors that make proving… read more…