Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

For PaulMJD: In response to a petitioners application for

For PaulMJD: In response...
For PaulMJD: In response to a petitioner's application for post conviction relief the State claims that the petitioner's one proposition of error, which is ineffective counsel due to not procuring an expert witness: "..It appears from the face of the application that all the issues raised are barred by waiver and res judicata and no fundamental error and no plain or fundamental error is shown by the petitioner..." The petitioner also found new evidence that what the prosecutions expert was saying was erroneous. The state did not address this issue except to say that the petitioner could have been found guilty without any input from their expert witness. What are some points you can think of to counter the prosecutions statements?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 12 minutes by:
7/26/2013
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,092
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Thank you for your new question and asking for me.

The fact the prosecutor did not mention or address the new evidence means they do not have an argument for that or they intentionally avoided it. Thus, your response should be focused on that new evidence showing that their expert was erroneous.

Your argument is that the Oklahoma statute on driving while intoxicated (until November 2013) states: Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle. Thus, you argue they did not prove he was incapable of safely driving or operating a vehicle.





I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Ask Your Own Criminal Law Question
Customer reply replied 4 years ago


If the defendant shows the evidence was erroneous could the defendant be found not guilty? I ask that because in the motion in limine hearing the prosecutor repeatedly stated she needed the marijuana evidence in trial to prove element three of the charge which was willfull disregard for the safety of others. So if the defendant has proven the experts testimony was erroneous and the defendant was not impaired at the time of the accident, by the prosecution's own admission they have not proven element three of the case. So shouldn't that mean the defendant is not guilty?

Thank you for your response.

No, it is a bit more than that. You have to show not only was their evidence erroneous but he was also capable of safely driving or operating the vehicle. That is why I highlighted that term. So the prosecution will argue even absent the expert testimony, because he got into an accident he did not safely operate the vehicle and that is what you have to overcome (perhaps showing the accident was from no fault of his own).
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,092
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Law Educator, Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

During the post conviction relief proceeding, someone ordered just the testimony for the criminalist who testified for the prosecution about what 1.1 ng of thc would cause a person to do.. The defendant's relative asked the court reporter why only the testimony for that witness was filed. She simply responded that the person who ordered it only wanted that testimony, so once it was ordered she filed it.


 


Some background is the relative contacted ASCLD who accredits OSBI 2 weeks before this happened about erroneous testimony from the OSBI Toxicology expert. The relative also gave the ASCLD some information from the testimony from trial and prehearings by this expert. The executive director from ASCLD assured the relative a week before this testimony was filed by the the court reporter, who typed the transcripts at trial and who is also the trial judge's personal court reporter, that he would look into the situation as soon as possible.


 


So I am wondering if this excerpt from the transcript of just the expert testimony was ordered by ASCLD. What do you think?


 


The relative did not ask who ordered it thinking the court reporter would not tell him since the person who ordered it was not filed. Would she be obligated to tell who ordered that portion of the transcript if asked?


 


If the judge or DA wanted just that testimony they would not have to order it would they? I am trying to figure out who ordered that testimony.

Thank you for the update.

The court reporter can tell you who ordered the record she had to transcribe, so you can ask her. As far as the reasoning, if they are investigating his testimony then they would only order the testimony necessary to investigate as they still have to pay for that testimony.
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,092
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Law Educator, Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago


In reference to your last post, the court reporter just told me that the the testimony was requested by OSBI Lab. Do you think that means an investigation is going on?

 

If there is investigation going on is the judge likely to wait until the investigation is over to make his decision on the post conviction relief issue?

Thank you for the information update.

Yes it appears that they are investigating your complaint, but I would never suggest on waiting for an investigation in case they try to sweep it under the rug and you should proceed with your own information and investigation for your case.
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago


The defendant has done everything he can do at this point. Most recently he responded to states response to his petition. That was about a week ago.


 


Nothing has happened since then. The defendant assumed the judge will need some time to review all the information he has, but just wondering if the judge himself might try to delay things until he hears something on the investigation. He surely knows about the request for the transcript since it was his court reporter. So my question was do you think the judge will try to delay the proceedings?

If he has done everything that can be done at this point he has nothing more to do but wait for the to complete their investigation, which would be public record when completed so you need to keep on them about the investigation so you can find out the results when the finish.
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

You said the completed investigation will be public record, will OSBI notify the judge when it is over?


The investigation was prompted by ASCLD which was due to my complaint to them. So ASCLD should contact me and OSBI should contact the judge when investigation is done. Is that correct?


 


 

I do not know if I would trust them to notify the court. I would keep checking and keep checking with ASCLD for the outcome and you would raise the fact in the appeal that the investigation is being done and you do so filing a motion to the court to ask the court to hold off on the appeal until the investigation is completed and this is an option to put the court on notice of the investigation.
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,092
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Law Educator, Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 121,092
121,092 Satisfied Customers
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
How can I get photos and trial transcripts from my husband's
how can I get photos and trial transcripts from my husband's criminal trial? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
An investgigator told me I was being investigated for taking
An investgigator told me I was being investigated for taking alcohol and tobacco to an inmate in state prison. He read me my rights. I exercised my right for an attorney. That was over 3 months ago. W… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
Im under open investigation for a possible violent crime
im under open investigation for a possible violent crime what does that mean? am i being charged … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,323 satisfied customers
Should an arrestining officer/investigator with sherriffs
Should an arrestining officer/investigator with sherriffs office here in alabama have the felon living with him and having an affair with her before her trial for the felony … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have question pertaining filing a complaint with Crime
I have question pertaining filing a complaint with Crime Victim Rights Board -- My intial steps I made a complaint with Department of Justic Victim Resource Center against an officer who on two occasi… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,092 satisfied customers
The state police in Arkansas are investigateing a misdomener
The state police in Arkansas are investigateing a misdomener charge of disorderly coduct which happened in illinois 35 years do i need an attorney.I am applyong for my chl in Arkansas and it was my un… read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers
If a man is on trial for rape (AKA battery in FL), and there
If a man is on trial for rape (AKA sexual battery in FL), and there exists an ex boyfriend of the alleged victim who has in his possession texts in which she accuses him of date rape and then recants.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can an investigative technician 2 investigate me even if
Can an investigative technician 2 investigate me even if they are not inveatigating me … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
Criminal felony case in Indiana. Initial investigation
Criminal felony case in Indiana. Initial investigation started 3/2011, arrest and charges filed 6/2014, here it is 11/2017 and matter set for trial 1/2018. Were there violations of a speedy trial or s… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
California. Plaintiff in cross complaint can be investigated
California. Plaintiff in cross complaint can be investigated for vandalism according to opinion by special prosecutions section. Plaintiff tampered with locks owned by defendant and details his tamper… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,720 satisfied customers
How can you know if you are under investigation? Will the
How can you know if you are under investigation? Will the police contact you immediately if they have your information and have received a complaint and video evidence you have committed a crime? How … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Once a certificate of relief is obtained, how then must one
Once a certificate of relief is obtained, how then must one fill out the nics form at the firearms shop? Do you answer yes or no to (have you ever been convicted of a felony)… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can we extend court trial date just before two days of trial
Can we extend court trial date just before two days of trial date. If Yes what are the possible reason may judge and state attorney agreed for extension.… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
Is it possible to extend the court trial date. If Yes, how
Is it possible to extend the court trial date. If Yes , how and when need to be informed before court trial date.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x