This page is to provide a sample of Michael's work, both his signature victories as an advocate, and his published works.
CASES
Szczepka v. Weaver, 1997 OK CIV APP 35, 942 P.2d 247 (approved for publication by Oklahoma Supreme Court)
* Early appellate victory, reversed a then-70-year-old precedent on the statute of limitations for suing notaries for falsely notarizing documents.
Matter of M.I.C., No. 90,388 and 90,447 (consolidated) (Okla.Civ.App. 1998) (ordered for publication by Oklahoma Court of Civil Appeals, opinion withdrawn from publication by Oklahoma Supreme Court)
* Remains the only case to date in which an Oklahoma appellate court reversed a termination of parental rights because the child's attorney caused the proceedings to be unfair.
State v. Cramer, CF-2002-532, Bryan County District Court
* Defendant acquitted at trial of Lewd Molestation.
Horton v. Horton, FD-2000-95, Atoka County District Court; Horton v. Horton, 103,506 (Okla.Civ.App. 2007) (unpublished)
* Retained by mother for appeal after previous counsel had lost custody of child; obtained reversal on appeal, restoring joint custody. Child's father files a new motion to modify custody when case remanded to district court, defeated that at trial, with mother being awarded sole custody at conclusion.
Hamill v. Powers, 2007 OK CR 26, 164 P.3d 1083
* First case holding that rape defendant had a right to a psychological examination of the victim, when the State had secured one prior to filing charges.
Vannoy v. Earth Biofuels, Inc., 2009 OK CIV APP 22, 278 P.3d 1052
* Reversed million-dollar default judgment.
State v. Stafford, CF-2009-42, Bryan County District Court
* Defendant acquitted of Child Sexual Abuse after jury rejected his videotaped confession
State v. Jagger, CF-2009-542, Bryan County District Court
* Defendant acquitted of First Degree Robbery After Former Conviction of Felony, State played video at trial of Defendant waving knife at Walmart employees; Defendant was convicted of Resisting an Officer for waving the knife at the arresting officer. Michael tried this case and the Stafford case in the same week.
State ex rel. Redman v. $122.44, 2010 OK 19, 231 P.3d 1150
* Reversing forfeiture of client's guns, gun safe, and accessories; requiring nexus between drug crime and weapons before the weapons can be forfeited.
PUBLISHED WORKS
Confrontation and the Preliminary Hearing, Q&A (Okla. Bar Assoc. Crim. Law Sec.) May-June 2006 at 22.
Judicial Immunity and the Oklahoma Judge , 80 OKLA.B.J. 45 (2010).
Evidence of the Victim’s Character in a Self-Defense Case, THE GAUNTLET (Okla. Crim. Defense Lawyers Assoc.), Spring 2010 at 71.
The Right to Confrontation Lives at Preliminary Hearing, THE GAUNTLET (Okla. Crim. Defense Lawyers Assoc.), Summer 2011 at 16.
CASES
Szczepka v. Weaver, 1997 OK CIV APP 35, 942 P.2d 247 (approved for publication by Oklahoma Supreme Court)
* Early appellate victory, reversed a then-70-year-old precedent on the statute of limitations for suing notaries for falsely notarizing documents.
Matter of M.I.C., No. 90,388 and 90,447 (consolidated) (Okla.Civ.App. 1998) (ordered for publication by Oklahoma Court of Civil Appeals, opinion withdrawn from publication by Oklahoma Supreme Court)
* Remains the only case to date in which an Oklahoma appellate court reversed a termination of parental rights because the child's attorney caused the proceedings to be unfair.
State v. Cramer, CF-2002-532, Bryan County District Court
* Defendant acquitted at trial of Lewd Molestation.
Horton v. Horton, FD-2000-95, Atoka County District Court; Horton v. Horton, 103,506 (Okla.Civ.App. 2007) (unpublished)
* Retained by mother for appeal after previous counsel had lost custody of child; obtained reversal on appeal, restoring joint custody. Child's father files a new motion to modify custody when case remanded to district court, defeated that at trial, with mother being awarded sole custody at conclusion.
Hamill v. Powers, 2007 OK CR 26, 164 P.3d 1083
* First case holding that rape defendant had a right to a psychological examination of the victim, when the State had secured one prior to filing charges.
Vannoy v. Earth Biofuels, Inc., 2009 OK CIV APP 22, 278 P.3d 1052
* Reversed million-dollar default judgment.
State v. Stafford, CF-2009-42, Bryan County District Court
* Defendant acquitted of Child Sexual Abuse after jury rejected his videotaped confession
State v. Jagger, CF-2009-542, Bryan County District Court
* Defendant acquitted of First Degree Robbery After Former Conviction of Felony, State played video at trial of Defendant waving knife at Walmart employees; Defendant was convicted of Resisting an Officer for waving the knife at the arresting officer. Michael tried this case and the Stafford case in the same week.
State ex rel. Redman v. $122.44, 2010 OK 19, 231 P.3d 1150
* Reversing forfeiture of client's guns, gun safe, and accessories; requiring nexus between drug crime and weapons before the weapons can be forfeited.
PUBLISHED WORKS
Confrontation and the Preliminary Hearing, Q&A (Okla. Bar Assoc. Crim. Law Sec.) May-June 2006 at 22.
Judicial Immunity and the Oklahoma Judge , 80 OKLA.B.J. 45 (2010).
Evidence of the Victim’s Character in a Self-Defense Case, THE GAUNTLET (Okla. Crim. Defense Lawyers Assoc.), Spring 2010 at 71.
The Right to Confrontation Lives at Preliminary Hearing, THE GAUNTLET (Okla. Crim. Defense Lawyers Assoc.), Summer 2011 at 16.