Appeals involve the client challenging a trial court’s rulings or verdicts. The Wyatt Law Office files appeals on behalf of clients in federal and state courts. Our attorneys are licensed in all Oklahoma appellate courts. Bob Wyatt is also licensed to practice in the U.S. Courts of Appeals for the 8th and 10th Circuits and in the Supreme Court of the United States.
Whether we represented you at trial or not, we can file your appeal. For state criminal convictions, the appeal is filed with the Oklahoma Court of Criminal Appeals (the highest criminal court in Oklahoma). For civil appeals, the case is filed with the Oklahoma Supreme Court, which may refer the case to the Court of Civil Appeals. In federal court cases, the appeal is made to the regional appellate court. The Tenth Circuit includes federal courts located in Oklahoma, Colorado, Kansas, New Mexico, Utah and Wyoming.
Writs & Other
The Wyatt Law Office also represents clients in extradition hearings, extraordinary writs (habeas corpus, coram nobis, mandamus, prohibition, etc.), defense of capital (death penalty) crimes, property forfeiture cases, and in appeals in both state and federal courts. In matters pending before the United States District Courts, the firm consults on or represents clients at sentencing or in related matters including but not limited to Motions for New Trial or Abatement, and Motions to Withdraw Guilty Pleas, sentence reduction matters (Rule 35), and applications for post-conviction relief (28 U.S.C. § 2255). We also represent clients in pardon and expungement matters when eligible.
An example of Wyatt’s work can be seen from the reversal of 106 counts in December 2003. Bob Wyatt was engaged to represent a Northwestern Oklahoma resident who had previously been convicted of 106 counts of uttering forged securities and engaging in illegal monetary transactions (effectively money laundering). The client sought habeas corpus relief for, among other things, ineffective assistance of his former trial counsel and conflict of interest. A new trial was ordered. After yet another conviction on those same charges in 2004, Wyatt appealed again and this time (in 2006) the Tenth Circuit Court of Appeals directed a Judgment of Acquittal (“not guilty”) — meaning that the client is a free man and the government cannot try him again. United States v. Hunt, 456 F.3d 1255 (10th Cir. 2006).
Please note that case results may vary because each case must be decided on its own unique facts and the law applicable to a given case. The cases set forth below are only representative samples of cases handled by this firm. You should not infer a probability of success on your case based on the results in the cases discussed here.
Call the Wyatt Law Office at 405.234.5500 to reach your Oklahoma Criminal Appeals, Writs, and Habeas Corpus Lawyers and Attorneys. Your future is our business.
Federal Relief Ordered for New Trial. Federal habeas corpus petition filed claiming that former counsel was constitutionally ineffective in a federal plea situation. After appeal filed and dismissed, the federal judge agreed on habeas that the client was entitled to a new trial.*
Dismissal of Drug Case Affirmed. The Court of Criminal Appeals dismissed the State’s challenge alleging that the trial court erred by dismissing the charge after the preliminary hearing. Simply put, the case was dismissed, and client is a free man with no conviction.*
Rape Case Dismissed on Appeal. Court of Criminal Appeals affirmed a ruling of the Magistrate and the District Judge “barring” a second prosecution for statutory rape. A sailor in the U.S. Navy stationed at Tinker was charged with rape and tried in a military court martial. The defendant was acquitted. A year or so later, the County District Attorney filed charges for the exact same crime – same elements, etc. Wyatt challenged the second prosecution on the grounds of “statutory” double jeopardy under 22 O.S. §§ 14, 130 and/or 522. The D.A. countered with the “dual sovereign” argument, which I conceded. Yet we stuck to our guns that the Oklahoma Legislature expanded the State citizen’s rights beyond that granted by the U.S. or Oklahoma Constitutions. The Court of Criminal Appeals (in a 4-0 vote) agreed with the defendant’s position and forever barred further prosecution.*
Government’s Appeal in Child Porn Case Dismissed. As a result of Wyatt’s efforts to convince a federal judge to vary from the U.S. Sentencing Guidelines after a “guilty plea” in a child pornography possession case, the federal prosecutor appealed the “reduced” sentence to the U.S. Court of Appeals for the Tenth Circuit (Denver). After Wyatt’s response brief was filed, the prosecution filed a motion to dismiss its appeal — leaving the client’s very favorable sentence intact.*
Relief Ordered — Acquittal in Securities Fraud & Money Laundering. After a nearly 3 year legal battle, on August 9, 2006, the Tenth Circuit Court of Appeals reversed a federal conviction on 106 counts of uttering forged securities and money laundering. The 10th Circuit found that the government did not prove the crime and ordered the District Court to enter a Judgment of Acquittal (“not guilty”) on all counts. United States v. Hunt, 456 F.3d 1255 (10th Cir. 2006) (See December 2003 Writ below.)*
Sentence Vacated, Writ Granted for Securities Fraud/Money Laundering. In December 2003, Bob Wyatt was engaged to represent a Northwestern Oklahoma resident who had previously been convicted of 106 counts of uttering forged securities and engaging in illegal monetary transactions (effectively money laundering) in federal court in Oklahoma City. The client sought habeas corpus relief for among other things ineffective assistance of his former trial counsel and conflict of interest. After a two-day hearing in January, the U.S. District Court on March 5, 2004, issued an order granting habeas relief and vacating the client’s conviction and sentence.*
Writ Granted for Expert Witness at State’s Expense. In a unique case before the Oklahoma Supreme Court, Mr. Wyatt requested a writ grant against the Oklahoma Court of Criminal Appeals and a Payne County district judge because his indigent client could not afford expert witnesses in his case. While Mr. Wyatt was retained by the client’s family, the client was indigent and was deprived of his rights to a fundamentally fair trial without the experts. The Oklahoma Supreme Court granted the writ and ordered the Payne County Court Fund to pay for the expert witnesses.*
Relief Directed for Counsel of Choice on Appeal. In another rare instance, Mr. Wyatt again writted the Oklahoma Court of Criminal Appeals. In this case, Mr. Wyatt challenged the Criminal Court rules which did not allow for a change of counsel after the appeal was filed. Mr. Wyatt challenged on the basis that the client has a right to her choice of counsel under the Sixth Amendment.*
Relief Ordered Changing Local Federal Rules for Plea Bargains. Mr. Wyatt and Stephen Jones challenged the local rules for the U.S. District Court for the Western District of Oklahoma in the case styled, Anonymous vs. U.S. District Court. In this challenge, Wyatt and Jones argued that the local rules concerning plea and sentencing were inconsistent with and more narrow than Rule 11 of the Federal Rules of Criminal Procedure. In a terse order filed within days of the initiation of the litigation, the chief judge issued an immediate order changing the local rule to be consistent with the Federal Rules, thus ending the litigation.*
Conviction Reversed, CHAMPUS/Insurance Fraud Case Dismissed for Insufficient Evidence. In the early 1990s, Bob Wyatt was co-counsel to two obstetric physicians and surgeons charged with multiple counts of “healthcare fraud” for alleged violation of CHAMPUS regulations as it related to over 100 patients of the surgery center. This four-year federal investigation in parallel civil and criminal proceedings concluded in a guilty verdict on all but one charge; however, Wyatt convinced the federal appeals court to reverse the conviction with orders to dismiss the charges for lack of merit. Bob Wyatt briefed and argued the appeal to the U.S. Court of Appeals for the Tenth Circuit. United States v. Avery, 34 F.3d 1517 (10th Cir. 1994).* (See “Published Opinions” below.)
*Note: Results may vary because each case must be decided on its own unique facts and the law applicable to that given case. You should not infer the likelihood of success on a given case based on past cases handled by this firm.
The following is a list of published opinions where members of the Wyatt Law Office, or its predecessors, submitted the briefs or argued the issues in federal and state trial and appellate courts.
• United States v. Hunt, 456 F.3d 1255 (10th Cir. 2006)
• Welch v. Sirmons, 451 F.3d 675 (10th Cir. 2006)
• United States v. Williams, 403 F.3d 1203 (10th Cir. 2005)
• United States v. Dazey, et al, 403 F.3d 1147 (10th Cir. 2005)
• Fisher v. Senate of Oklahoma, 2004 OK 76, 107 P.3d 556 (Impeachment Proceedings)
• United States v. McVeigh, 955 F. Supp. 1278 (D. Colo. 1997)
• United States v. McVeigh, 954 F. Supp. 1441 (D. Colo. 1997)
• United States v. McVeigh, 940 F. Supp. 1571 (D. Colo. 1996)
• United States v. McVeigh, 918 F. Supp. 1467 (W.D. Okla. 1996)
• United States v. Avery, 34 F.3d 1517 (10th Cir. 1994)
• Good v. Majors, 832 P.2d 420 (Okla. 1992)
• United States v. Madia, 95 F.2d 538 (8th Cir. 1992)
• United States v. Custodian of Records, Southwestern Fertility Center, 743 F. Supp. 783 (W.D. Okla. 1990)
• Creason v. Hon. Richard Perry, 801 P.2d 715 (Okla. 1990)
• State ex rel Dept. of Public Safety v. 1988 Chevrolet Pickup, 852 P.2d 786 (Okla. 1993) (appeal filed by Craig Dodd, but Bob Wyatt was the trial lawyer who won the case initially).