Legal Authorities

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Were you involved in an automobile accident and you want to look up cases pertaining to automoble accidents? You can simply go to the descriptive word index of a book called Oklahoma Statutes Annotated (O.S.A) of your state. Once you have found the section pertaining to automobile accidents, you will be lead to many case law citings on the subject matter.This book lists thousands of topics, and can be found in any lawyer's office, your local law library, the state and federal courts, and even the state Captiol Building.

Courts have consistently held that persons accused of committing a felony have a constitutional right to adequate, effective and meaningful assistance of counsel.It does not matter if counsel is privately hired by you or one is appointed by the state. Castleberry v. State, 590 P.2d 697; Humphries v. State, 947 P.2d 565; Daniel v. Thigpin, 742 F.2d 1535. The right to adequate, effective and meaningful representation is extended to first time appeals of convictions. Evitts v. Lucey, 105 S. Ct. 830; Murray v. Courier, 106 S. Ct. 2639 Collins v. State, 685 P.2d 975.

Jeopardy attaches when guilty plea was accepted by trial court and judgment and suspended sentence was entered, Where defendant did not seek to withdraw his tendered plea, even though trial court lacked authority to impose suspended sentence. Davis v. State, 845 P.2d 194.

Defendant's escape from county jail where he was being held for failure to pay court costs in connection with two previous misdemeanor convictions did not fall with the ambit of the escape statutes, where defendant was not awaiting charges on felony offense, was not awaiting trial, and had not been sentenced to the Department of Corrections for felony offense. Barnard v. State, 119 P.3d 203, overruling Smith v. State, 626 P.2d 1357 where he was being held for failure to pay cost associated with two previous misdemeanor convictions did not fall within the scope of the escape statute, where defendant was not awaiting charges on felony offense, was not awaiting trial, and had not been sentenced to the state Department of Corrections for felony offenses. Quoting Barnard v. State, 119 P.3d 203, overruling Smith v. State, 626 P.2d 1357

An accumulative effect of errors may warrant sentence modification, Peninger v. State, 811P.2d 609; Gooden v. State, 617 P.2d 248 609; Suitor v. State, 629 P.2d 1289. Sentence will especially be modified where it serves the interest of justice. Taylor v. State, 490 P.2d 1404; Stewart v. State, 568 P.2d 1300; Cook v. State, 496 P.2d 809.

Reversal of conviction will lie where evidence submitted to jurors had not been previously introduced at trial. Edwards v. State, 637 P.2d 886; Johnston v. Makowski, 823 F.2d 387, cert denied 108 S. Ct. 750; U.S. v. Wood, 958 F.2d 963.

Certain prosecutorial comments and behavior during courtroom deliberation will merit case being reversed for new trial, where prosecutor's comments on crime spree that had expanded years makes the statement: "These are just some of the cases he was caught in." Appellate courts have long held that such comments are inflammatory, and denies defendant a fair trial. Howell v. State, 882 P.2d 1086: Jackson v. State, 763 P.2d 338 (sentence modified where prosecutor's statement that defendant was involved in planning other crimes was not supported by the evidence).It has long been held by the Oklahoma Court of Criminal Appeals to be a due process violation, where prosecutor even remotely suggest jurors have the role as prosecutor of the community. Walker v. State, 811 P.2d 1159.

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THIS AREA WILL DEAL WITH TORTFEASORS AND CIVIL PROCEDURE:

Tort law protects an individual from being harmed by another person. In other words, a tort is a wrongful action committed by one personal against another person.The person harmed by the other person can seek monetary damages, which include compensation for medical bills, pain and suffering, loss of wages and so on. For instance, Let's say I was walking down the street and you, for whatever reason, were driving your car and suddenly you swirved and hit me, knocking me to the ground and I received a substantial injury from your carelessness. I bring litigation in court. I start this process by filing a petition for damages in state Court. I become the plaintiff and you become the defendant. It is up to me to prove my case against you and to show the court or jury why I would be entitled to compensation for the pain and suffering I endured because of your negligent and careless conduct in failing to operate your vehicle in a responsible manner. Moreover, I would be entitled to judgment against you even if your conduct caused my injuries by accident or by deliberate behavior on your part.

Depending on how the judge interpretates the law will determine whether or not I will win a favorable monetary judgment against you. Not only are you the defendant in this case, you are also what is legally known as a tortfeasor.

Usually in a case like the one I just used as an example, the law will look at the extent of my injuries I allege were caused by you. Judgment against you will be determined by how bad my health has become since my accident and by my ability or lack of ability to earn a living after my injury.

Normally the defendant will ask the court to dismiss the pleading for lack of subject matter jurisdiction, lack of evidence, plaintiff failed to state a claim for which relief can be granted, etc. It is up to the judge to find that there is enough evidence for the court to allow the case to proceed on the merits.