Tulsa Criminal Defense Attorney | Tough Contender | Cale Law Office
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If you’ve been charged with a crime, look for an attorney who will fight for you. Call Tulsa criminal defense attorney Stephen Cale at 918-277-4800. Schedule your free initial consultation with the Cale law office. Attorney Cale will also develop a defense strategy plan document for you.
The criminal charge can have serious consequences. That’s why you need somebody who will pay special attention to your case. Tulsa criminal defense attorney Stephen Cale takes all of his clients’ cases seriously. When you meet with him, attorney Cale will explain the process so that you have a good understanding of what will occur.
Prosecutors charged the defendant with shooting with intent to kill. After the jury trial, the jury sentenced him to life in prison. The defendant appealed, arguing that there were several errors. Here are the facts of the case. Police arrived at the fairgrounds in the early morning. They found two men shot in the head. Authorities found the men in different areas fairgrounds. Importantly though, both have been shot from the back. Police found a room key from a local hotel in a pocket of one of the victims.
In a nearby room at the hotel, they found the defendant. He let them search his room for refuse to let them search a suitcase. The defendant denied having a gun. He also denied peanut fairgrounds. Authorities found a shoe print near one the victims that closely resembled the pattern on the defendant’s shoes.
All please put committed to jail as a material witness. They found a spent bullet hole in some bullets in his possession. They got a search warrant and found more bullets in the defendants are the case. The markings on the slugs fired from the pistol match the bullet fragment that been removed from the brain of the victim. Police also collected additional evidence.
When the things that Tulsa criminal defense attorney Stephen Cale does is file various pretrial motions. This is an effort to get the case dismissed. By filing a discovery motion, the prosecutor must turn over evidence that it has against the client. The DA must also turn over evidence that would be favorable to the defendant. Attorney Cale can use this information for his client.
A witness testified that he gave the defendant to the victims a right to store earlier that evening. Another witness saw the defendant carry a pistol with he was with the victims earlier the evening. Two other witnesses saw a man to the scene where close matching that is worn by the defendant. He saw this shortly after police discovered the victims.
Bullet fragments taken from the victim’s brain cannot be matched with the defendant’s pistol. However, one witness testified at trial that it was defendant shot the victim in the back of the head. The defendant testified on his own behalf. He said that he was working on his truck at the time of the shootings. He also said they found the gun wrapped in a towel and that the bullets were scattered about when he returned to his room.
He presented evidence that some of the bullet slugs cannot be matched with again found in a suitcase. The Oklahoma Court of Criminal Appeals found that this evidence was sufficient to allow the jury to find the elements of the criminal charge be unoriginal doubt. The evidence viewed in the light most favorable to the state. The court found that there was competent evidence to raise was support the allegation of the charge. Therefore, the trial court properly overruled the defendant’s request for dismissal.
Next, the defendant claimed that the trial court made an error in of rolling his motion for continuance. His defense attorney wanted to can to interview the victim. The appellate court did not by this argument. There was no reason for the delay in the attorney had ample opportunity to interview the witness. The decision to grant containments lies within the sound discretion the trial court.
The holding in Brady vs. Maryland requires disclosure only of evidence that is both favorable to the accused material hereto guilt or punishment, said Tulsa criminal defense attorney Stephen Cale. Suppressed evidence that might have affected the outcome of the trial is a concern of this case. The Oklahoma Court of Criminal Appeals said that it could not see how evidence for the victims could have been favorable to the defendant. It also cannot see how it would have affected the outcome of the trial. Defense counsel would have difficulty interviewing the young victims.
One the victims cannot testify because of his injuries. Another witness could not correctly use language skills even though his memory and thought processes were not affected. At the jury trial, one victim gave a few basic personal facts and identify the defendant is the man who had shot in. Beyond that, he cannot express himself very well. Despite these limitations, he maintained that the defendant had shot in. This evidence will not be considered as favorable to the defendant.
Lastly, the defendant argued that his life sentence was excessive. He said that it should be modified. The appellate court determined that the sentence was within the statutory limits imposed by statute. The evidence supported the verdict and of the sentence. Therefore the conviction stood.
If you’re looking for a hard-hitting attorney, call the Cale law office at 918-277-4800 meets with attorney Stephen Cale. He will guide you through the criminal justice process. He will also develop a defense strategy plan document that you can take with you. This will help you understand what steps he will take in trying to get the best possible result for you.
Anyone has been charged with a crime should not represent themselves. In fact, if you’ve bonded out of jail, the court will require hire an attorney. The court assumes that because you were able to get money to get out of jail, do you have money to hire an attorney. Getting an attorney is the best thing to do if you been charged with a crime.