Description: Tulsa, Oklahoma criminal defense attorney represented Defendant, charged with:
Count # 1. Count as Filed: HM2, MANSLAUGHTER - FIRST DEGREE - AUTOMOBILE, in violation of 21 O.S. 711
Date of Offense: 11/09/2007
Party Name Disposition Information
GRAHAM, KIMBERLY ELIZABETH Disposed: CONVICTION, 09/01/2009. Jury Trial
Count as Disposed: MANSLAUGHTER - FIRST DEGREE - AUTOMOBILE(HM2)
Violation of 21 O.S. 711
Count # 2. Count as Filed: HM2, MANSLAUGHTER - FIRST DEGREE - AUTOMOBILE, in violation of 21 O.S. 711
Date of Offense: 11/09/2007
Party Name Disposition Information
GRAHAM, KIMBERLY ELIZABETH Disposed: CONVICTION, 09/01/2009. Jury Trial
Count as Disposed: MANSLAUGHTER - FIRST DEGREE - AUTOMOBILE(HM2)
Violation of 21 O.S. 711
Count # 3. Count as Filed: HM2, MANSLAUGHTER - FIRST DEGREE - AUTOMOBILE, in violation of 21 O.S. 711
Date of Offense: 11/09/2007
Party Name Disposition Information
GRAHAM, KIMBERLY ELIZABETH Disposed: CONVICTION, 09/01/2009. Jury Trial
Count as Disposed: MANSLAUGHTER - FIRST DEGREE - AUTOMOBILE(HM2)
Violation of 21 O.S. 711
Count # 4. Count as Filed: HM2, MANSLAUGHTER - FIRST DEGREE - AUTOMOBILE, in violation of 21 O.S. 711
Date of Offense: 11/09/2007
Party Name Disposition Information
GRAHAM, KIMBERLY ELIZABETH Disposed: CONVICTION, 09/01/2009. Jury Trial
Count as Disposed: MANSLAUGHTER - FIRST DEGREE - AUTOMOBILE(HM2)
Violation of 21 O.S. 711
Count # 5. Count as Filed: HM2, MANSLAUGHTER - FIRST DEGREE - AUTOMOBILE, in violation of 21 O.S. 711
Date of Offense: 11/09/2007
Party Name Disposition Information
GRAHAM, KIMBERLY ELIZABETH Disposed: CONVICTION, 09/01/2009. Jury Trial
Count as Disposed: MANSLAUGHTER - FIRST DEGREE - AUTOMOBILE(HM2)
Violation of 21 O.S. 711
Count # 6. Count as Filed: HR1, LEAVING SCENE OF FATALITY ACCIDENT, in violation of 47 O.S. 102.1
Date of Offense: 11/09/2007
Party Name Disposition Information
GRAHAM, KIMBERLY ELIZABETH Disposed: CONVICTION, 09/01/2009. Jury Trial
Count as Disposed: LEAVING SCENE OF FATALITY ACCIDENT(HR1)
Violation of 47 O.S. 102.1
Outcome: 09-01-2009 CONVICTED
THORNBRUGH, P. THOMAS: DEFENDANT PRESENT, IN CUSTODY, AND REPRESENTED BY KEVIN ADAMS. STATE REPRESENTED BY JASON RUSH. COURT REPORTER, MARY HAWTHORNE. CASE CALLED FOR SENTENCING AFTER CONVICTION FROM JURY TRIAL. PRESENTENCING INVESTIGATION AND LEVELS OF SERVICE INVENTORY REPORT RECEIVED AND COPIES FURNISHED TO PARTIES. THE COURT ANNOUNCES READINGS OF THE PSI, AS WELL AS THE TRIAL TRANSCRIPT AND SENTENCING MEMORANDUM. VICTIM IMPACT STATEMENTS HEARD BY DAVID HOLLAND, KATHLEEN MULLINS, BOBBI NICKEL, KORRIE YOUNG, AND SHEILA LACEY. THE COURT HEREBY SENTENCES SAID DEFENDANT TO:
COUNT 1: 20 YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS.
COUNT 2: 20 YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS. THIS SENTENCE IS TO RUN CONSECUTIVE TO COUNT 1.
COUNT 3: 20 YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS. THIS SENTENCE IS TO RUN CONSECUTIVE TO COUNT 2.
COUNT 4: 20 YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS. THIS SENTENCE IS TO RUN CONSECUTIVE TO COUNT 3.
COUNT 5: 20 YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS. THIS SENTENCE IS TO RUN CONSECUTIVE TO COUNT 4.
COUNT 6: 7 YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS. THIS SENTENCE IS TO RUN CONSECUTIVE TO COUNT 5.
THE COURT ASSESSES COSTS TO THE DEFENDANT. DEFENDANT ADVISED OF APPEAL RIGHTS. COMMITMENT FOR PUNISHMENT ISSUED TO JAIL. NOTICE OF INTENT TO APPEAL SIGNED. JUDGMENT AND SENTENCE ISSUED.
09-01-2009 NOREQ
NOTICE OF INTENT TO APPEAL; ORDER DETERMINING INDIGENCY, APPELLATE COUNSEL, PREPARATION OF APPEAL RECORD, GRANTING TRIAL COUNSEL'S MOTION TO WITHDRAW; COURT REPORTER ACKNOWLEDGMENT; NOTIFICATION OF APPELLATE COUNSEL IF APPOINTED AND DESIGNATION OF RECORD
09-01-2009 NOREQ
NOTICE OF INTENT TO APPEAL; ORDER DETERMINING INDIGENCY, APPELLATE COUNSEL, PREPARATION OF APPEAL RECORD, GRANTING TRIAL COUNSEL'S MOTION TO WITHDRAW; COURT REPORTER ACKNOWLEDGMENT; NOTIFICATION OF APPELLATE COUNSEL IF APPOINTED AND DESIGNATION OF RECORD
"The Supreme Court’s July 2020 McGirt decision determined that the state of Oklahoma did not have jurisdiction to try criminal cases involving American Indians when the crime occurred within the Muscogee Nation reservation because Congress never disestablished it. The ruling has since been extended to five other tribal reservations."
03-26-2021 CTFREE
JUDGE TRACY PRIDDY. DEFENDANT NOT PRESENT, IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, REPRESENTED BY RICHARD O'CARROLL. STATE REPRESENTED BY MATT KEHOE. CASE CALLED FOR POST-CONVICTION RELIEF HEARING. DEFENDANT'S APPLICATION FOR POST-CONVICTION RELIEF IS GRANTED OVER THE STATE'S OBJECTIONS, PENDING THE PREPARATION OF AGREED STIPULATIONS BY THE PARTIES, AND SUBMISSION OF PROPOSED ORDER TO THE COURT.
04-08-2021 CTFREE
JUDGE TRACY PRIDDY. COURT SIGNS ORDER GRANTING PETITIONER'S APPLICATION FOR POST-CONVICTION RELIEF, OVER THE OBJECTIONS OF MATT KEHOE ON BEHALF OF THE STATE OF OKLAHOMA.
08-26-2021 CTFREE
JUDGE TRACY PRIDDY. HEARING ON THE STATE'S MOTION TO VACATE ORDER GRANTING POST CONVICTION RELIEF, REINSTATE CONVICTION AND SENTENCES, AND REMAND TO CUSTODY IS SET ON 10-7-2021 AT 1:30PM IN ROOM 508.
10-07-2021 CTPASS
JUDGE TRACY PRIDDY. DEFENDANT NOT PRESENT, NOT IN CUSTODY, REPRESENTED BY RICHARD O'CARROLL. STATE REPRESENTED BY STEVE KUNZWEILER. CASE CALLED FOR HEARING ON THE STATE'S MOTION TO VACATE ORDER GRANTING POST CONVICTION RELIEF, ET AL. HEARING RESET BY THE COURT TO 11-5-2021 AT 9:30AM IN ROOM 508, BY AGREEMENT OF THE PARTIES.
11-05-2021 CTFREE
JUDGE TRACY PRIDDY. DEFENDANT NOT PRESENT, NOT IN CUSTODY, REPRESENTED BY RICHARD O'CARROLL, SPECIALLY APPEARING FOR THE DEFENDANT. STATE REPRESENTED BY STEVEN KUNZWEILER. COURT REPORTER IS JODI TERRY. CASE CALLED FOR HEARING ON THE STATE'S MOTION TO VACATE ORDER GRANTING POST CONVICTION RELIEF, REINSTATE CONVICTION AND SENTENCE, AND REMAND TO CUSTODY. HEARING HELD. ARGUMENTS OF COUNSEL HEARD. COURT GRANTS THE STATE'S MOTION, OVER THE DEFENDANT'S OBJECTIONS. COURT ORDERS THE STATE TO PREPARE PROPOSED ORDER & SUBMIT TO THE COURT WITHIN TEN (10) DAYS. COURT ORDERS FINAL EXECUTION OF DECISION STAYED, PENDING THE DEFENDANT'S APPEAL. REVIEW SET ON 12-16-2021 AT 9:30AM IN ROOM 508.
12-16-2021 CTFREE
JUDGE TRACY PRIDDY. REVIEW STRICKEN BY AGREEMENT OF THE PARTIES. DEFENDANT HAS FILED AN APPEAL OF THE COURT'S RULING.
See: https://tulsaworld.com/news/local/woman-released-from-107-year-prison-sentence-now-fights-challenge-to-freedom-post-mcgirt/article_b079950c-7fc1-11ec-ba1a-03a618722069.html#tracking-source=home-top-story-1
Plaintiff's Experts:
Defendant's Experts:
Comments:
Kent Morlan, Esq.
Editor & Publisher