Appeals, Writs & Other Extraordinary Criminal Actions
Oklahoma Post-Conviction Lawyers
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 licensed Oklahoma post-conviction lawyers work 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, we file the appeal with the Oklahoma Court of Criminal Appeals. For civil appeals, we file the case with the Oklahoma Supreme Court. The Supreme Court may refer the case to the Court of Civil Appeals. In federal court cases, we file the appeal to the regional appellate court. The Tenth Circuit includes federal courts located in Oklahoma, Colorado, Kansas, New Mexico, Utah and Wyoming.
Writs & Other Actions
The Wyatt Law Office also represents clients in extradition hearings, extraordinary writs (habeas corpus, 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 Oklahoma post-conviction lawyers consult on or represent 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 and applications for post-conviction relief . Our Oklahoma post-conviction lawyers represent clients in pardon and expungement matters when eligible.
See an example of Wyatt’s work from the reversal of 106 counts in December 2003. Bob Wyatt engaged to represent a Northwestern Oklahoma resident convicted of 106 counts of uttering forged securities and engaging in illegal monetary transactions. The client sought relief for ineffective help of his former trial counsel and conflict of interest. There was an order for a new trial. After yet another conviction on those same charges in 2004, Wyatt appealed again. This time (in 2006) the Tenth Circuit Court of Appeals directed a Judgment of Acquittal. Meaning that the client is a free man and the government cannot try him again.
EXPERIENCED OKLAHOMA POST-CONVICTION LAWYERS
Call the Wyatt Law Office at 405.234.5500 to reach your Oklahoma post-conviction lawyers and attorneys. Your future is our business.
Federal Relief Ordered for New Trial.
Federal habeas corpus petition filed claiming that former counsel was ineffective in a federal plea situation. After appeal filed and dismissed, the federal judge agreed the client had a right 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. Basically, there was a dismissal of the case and the client had 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. The military charged a sailor in the U.S. Navy stationed at Tinker with rape and tried in a military court martial. There was an acquittal ordered. A year or so later, the County District Attorney filed charges for the exact same crime. The same elements, etc. Wyatt challenged the second prosecution on the grounds of “statutory” double jeopardy. 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 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 filed a response brief, the prosecution filed a motion to dismiss its appeal. Leaving the client’s very favorable sentence intact.
Sentence Vacated, Writ Granted for Securities Fraud/Money Laundering.
In December 2003, Bob Wyatt engaged to represent a Northwestern Oklahoma resident convicted of 106 counts of uttering forged securities and engaging in illegal monetary transactions. The client sought habeas corpus relief for among other things ineffective help 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. The clients family retained Mr. Wyatt. the client was indigent and deprived of his rights to a 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 filing an appeal. 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).
*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.
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