Kimberly Graham v. Victor Regalado, et al.

Tulsa, Oklahoma civil rights lawyer represented Plaintiff who sued Defendants seeking a writ of habeas corpus.



Kimberly Elizabeth Graham, age 52, of Broken Arrow sought to be released from state custody claiming that the state violated her Fourteenth Amendment right to due process, under the reinstated judgment and sentence entered against her in Tulsa County District.



The State claimed that Graham was impaired by alcohol on Nov. 9, 2007, when she drove a Dodge Ram pickup into a group of people who had gathered on Memorial Drive to help an injured motorcyclist.



Graham was initially freed from state prison in April 2021 after a Tulsa County District Court judge granted her post-conviction relief based on the U.S. Supreme Court's 2020 McGirt ruling. The state of Oklahoma did not seek a stay of or appeal that ruling, according to court records.

Writ of habeas corpus granted and ordered the State of Oklahoma to refrain from retrying the defendant.

“First and foremost my concern is for the victim family members who have long endured what seems to be a neverending and tragic roller coaster ride for them,” Kunzweiler said. “They should have received finality when a jury convicted her of her horrific crimes. They should have received finality when she failed in her direct appeal of those convictions.” Steve Kunzweiler