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OF SERVICE OF CRUISE

6 ...... Notes Book 3 ...... Roscoe Stump

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Hanna Hanna the September issue of the Briefcase. Mark your calendars now! calendars your Mark Briefcase. the of issue September the

Ken Stoner Ken McKenney Shanda Barghols Lauren in a beautiful relaxed atmosphere. Additional information will be in in be will information Additional atmosphere. relaxed beautiful a in

Seminar is a great place to network with fellow attorneys and judges judges and attorneys fellow with network to place great a is Seminar

galleries, and shops all within walking distance of the Inn. The Ski Ski The Inn. the of distance walking within all shops and galleries,

a central location to explore Santa Fe; including restaurants, art art restaurants, including Fe; Santa explore to location central a

tional spa facilities. In addition, the Inn and Spa at Loretto provides provides Loretto at Spa and Inn the addition, In facilities. spa tional

again take place at the Inn and Spa at Loretto; which provides excep- provides which Loretto; at Spa and Inn the at place take again

There will be six hours of approved CLE credit. The seminar will will seminar The credit. CLE approved of hours six be will There

Annual Ski Seminar returns to Santa Fe, New Mexico. Mexico. New Fe, Santa to returns Seminar Ski Annual 39 ation’s th

On February 23 – 27, 2018, the Oklahoma County Bar Associ- Bar County Oklahoma the 2018, 27, – 23 February On

By Ryan Dean Ryan By

Curtiss Curtiss

Miguel Garcia Miguel Evans L. Stanley Carns Susan February 23-27, 2018 23-27, February

BACK TO SANTA FE – – FE SANTA TO BACK

2020 Directors 2020

Law Library Trustee Library Law President Vice President-Elect

, , Graham R. Chandra , Brewer W. Michael , Stinson Sheila Judge

announces the results of this year’s election: year’s this of results the announces

chaired by President-Elect David Cheek, Cheek, David President-Elect by chaired

The OCBA Nominations & Elections Committee, Committee, Elections & Nominations OCBA The

Results Announced Results

2017 – 2018 Election Election 2018 – 2017

8 No. 50, Vol. 2017 August, A Publication of the OKLAHOMA COUNTY BAR ASSOCIATION ASSOCIATION BAR COUNTY OKLAHOMA the of Publication A WWW.OKCBAR.ORG 2 BRIEFCASE • August 2017 From the President BRIEFCASE August 2017 Briefcase is a monthly publication of the Oklahoma County Bar Association 119 North Robinson Ave. What a country!! , OK 73102 (405) 236-8421 By Judge Barbara But the country I referred to in the looked well stocked and had a great Briefcase Committee Swinton first sentence is the USA. By visiting selection. Judge Jim Croy, Chris Deason, Ryan Dean, Ben a communist country where people do As you might surmise, I am conflicted Grubb, Justin Hiersche, Scott Jones, Matt Kane, not feel comfortable discussing poli- on my views of Cuba. Many places and Travis Pickens, Liz Oglesby,Miles Pringle, Austin A group of us from Reams, Cari Remillard, Teresa Rendon, Rex the OBA just returned tics, their leaders, and their economy, it people were wonderful and we enjoyed Travis, Collin Walke, Judge Geary Walke, Judge from Cuba! So many reminds me what our founders protected seeing and experiencing Cuban culture Allen Welch and Alisa White superlatives come to so dearly- freedom of life, liberty and and history, but the relief and joy I felt Co-editors Joi McClendon mind, but here are a the pursuit of happiness. An indepen- once we returned to our great country & Shanda McKenney few: dent Judiciary and a Legislature with was a reminder of how much we may Contributing Editors Michael Brewer 1. Cultural Pride abounds– we visited co-equal powers to the executive is not a take our freedom for granted, but not Richard Goralewicz several cultural sites and art galleries concept that most Cubans can envision. anymore! I for one loved returning to the Bill Gorden and everywhere we went, people were They boasted about their representative land of the free, home of the brave! Warren Jones happy to share their feelings about government because they have elections This is my last column as Oklahoma Kieran D. Maye preserving the arts, music and reli- for local representatives, but have no County Bar President and let me thank gion from their ancestors. idea how to relate to a government not you for the year of service and fun Oklahoma County Bar Association run by a dictator. We were advised not this has been. Thank you also to the 2. Love of American cars – yes, we did to discuss politics with anyone and not hard working board members, commit- OFFICERS: President Judge Barbara Swinton ride in a taxi from the 50’s Americana to take pictures of any military personnel tee chairs and most of all, Debbie, Pam President-Elect David A. Cheek era.( see pictures in Judge Parrish’s or talk to military members. For most of and Connie! The terrific trio makes Vice President Judge Sheila Stinson article) We talked with our taxi driver us, that request in our country would be this organization the best county bar Past President Angela Ailles Bahm on our hour long trip and learned so met with, “oh yea, well watch this!”, as in Oklahoma. As we close out our Treasurer Robert D. Nelon much about the creative ways they we promptly thank a member of our mil- administrative year, let me remind you Bar Counsel Coree Stevenson keep these icons running for tourists itary service and ask them where they are to invite and encourage new lawyers to STAFF: to enjoy. from and if we can take a picture with join our OCBA and to be an active mem- Executive Director Debbie Gorden them if we choose. We did see ONE law ber. The reduced rates on CLE alone Legal Placement Director Pam Bennett 3. Fanatic Baseball fans – everyone we office in the smaller town of Cienfuegos, are worth the price of the membership, Membership Services Connie Resar spoke to talked about their love of and the Justice Center in Havana, but but the camaraderie and shared goals baseball and wishing their teams to be were not approved to go into the Justice of promoting professionalism is what Journal Record Publishing Co. Inc. on par with the ones in “the old days” Center. drives me every day to honor our shared Creative Services Tabitha Wilson but they are very proud of the MLB As for their economy, more private profession. Thanks for a great year! I players who come from Cuba. businesses are being developed and look forward to seeing you at the Annual For advertising information, allowed by the government. There are Dinner/Dance on September 22nd at the call 278-2820. 4. Strong family connections – even many wonderful private restaurants serv- Skirvin. the families who own private busi- ing delicious meals and usually with Postmaster: Send address changes to OCBA nesses operate with multigenerational live music as well. The government Briefcase, 119 North Robinson Ave., Oklahoma involvement. Grandparents take care City, Oklahoma 73102. restaurants were nice but nothing spe- of the children and several generations cial. From our discussions with private live together. Many business owners Journal Record Publishing produces the Briefcase citizens and government workers, we for the Oklahoma County Bar Association, which is have family ties to either the building learned the private businesses fund the solely responsible for its content. or business, or both, and have for sev- government by paying about ten percent © 2014 Oklahoma County Bar Association eral generations. tax, and the government jobs allow for 5. Beautiful sunsets – We know in Okla- a mediocre life style with free medical homa that we have them too, but we care, subsidized housing and ration cou- enjoyed them every evening especial- pons for staples in the government food ly in Havana on the “malecon” – their stores. Our taxi driver commented,” we version of a boardwalk. are surrounded by fish in the ocean, but what is in the stores? Chicken, chicken, 6. Propaganda – every tour guide and chicken”! If Cubans want to buy fish, OKLAHOMA COUNTY BAR most tourist stops involve celebration they must go to the docks and buy from ASSOCIATION of the revolution in 1959. There is the fisherman or purchase on the black MISSION STATEMENT even a museum dedicated to the rev- market. There are “farmers markets” for fresh fruit and vegetables and they Volunteer lawyers and judges dedicated olution! to serving the judicial system, their profes- sion, and their community in order to foster the highest ideals of the legal profession, to better the quality of life in Oklahoma County, and to promote justice for all. MARK YOUR CALENDARS & WATCH YOUR MAIL!

The 2017 Annual Dinner Dance will be held on September 22, 2017, at the beautiful . A social hour begins at 6:30 p.m., dinner at 7:30 p.m. with a short program and dancing to the “Burton Band.” Invitations will be sent out shortly, so watch for your snail mail and your email for more information! Outgoing President Barbara Swinton will wel- come Incoming President David Cheek. Hope to see you there! www.okcbar.org • August 2017 • BRIEFCASE 3 Stump Roscoe

STUMP ROSCOE self because of “the fundamental rule that my usual procaffenation . With me was “This’ll be rich,” Lt. Ornestein chimed By no one may be a judge in his own case.” my precious cougar cub Chips, who Mr. in. Roscoe X. Pound And, as somebody called Laurence Tribe P. had asked to compile a list of security I ignored him. “The word you’re think- seems to have stated, once impeached he features for Ms. Kearney’s home. He sat at ing about is “poltergeist.” Dear Editors: could also be prosecuted. Result: the White his laptop eating meanderin oranges while They looked at me in awe. I could Hi, my name is Rae, okay. That’s short House is decovfefenated anyway, And compulating. tell they were surprised by my scientific for Areyna Darquenesse. I’m sure Judge you know, as our pal Father Auggie points Mr. P arrived shortly after us, and knowledge and linguinism. “I learned Walke told you about me. Now, it was out, even the Pope goes to another priest then came Lieutenant Orenstein, the juve- about them from Josh Gates’ show on pretty easy calling Judge Walke Judge for Confession. This could be an interest- nile officer working the Kearney case. NatGeo,” I added, citating my authority. Walke because that’s pretty much who he ing battle if it happened, but let’s hope it He arranged for increased patrols by “Actually,” Chips said, “it’s is or what he is. I’m not sure what to call don’t come to that. uninformed officers in Sandy’s neighbor- ‘Zersetzung.’” you new ladies, especially now that there Kay so you probably already know hood. Still, he said, someone managed “You just made that up,” I said. are two of you so forgive me if I violate that I pretty much Run the Rooster back to get into her house last night and did “It comes from the German word for one of the Rules of Eloquence or the Code here when Mr. P heads off on his Shark nothing but arrange the items in her purse “decomposition,” Chips explained. “It of the West or what have you. I’ve done Week fishing jaunts. He actually just neatly at the kitchen table. They then refers to the psychological tactics used some research on TV, watchin all those old took off about an hour ago. He didn’t hung the purse itself back on the hook by STASI, the East German secret police. Westerns on the Inspiration Channel all get that much work done on account where she usually kept it. In short order, Among other things, the Stasi disrupted Saturday and figured out that you’re both of his being besmirched with visitors the Comtesse herself came in. She was their target’s home life. This often included probably ma’ams out there in Oklahoma all day, not least of which included his wearing this really cool Evanesence 2016 psychological attacks, such as breaking but it’s hard to tell. helping out the Contesse d’Glanville, my Tour shirt which she actually went to in into homes and subtly manipulating the OK, so without further to do, let’s get mender in darkness, with the problems of Atlantic City last Fall. Oh, by the way, contents, moving furniture, altering the to our question, the answer to which I her friend Sandy Kearney, who not only they’ll be at the Diamond Ballroom in timing of an alarm, removing pictures exhumed from Mr. P’s notes. lost her only kid to assisted suicide, the Oklahoma City next October. Many of from walls, or replacing one kind of tea Dear Roscoe: Say it ain’t so. Can a assist coming from some bullyassholes. I your fellow OCBAers might consider this with another.” President pardon himself ? Z. W., OKC. know that Mr. P. got all sopaboxy in last welcome news and you might even get a “So it’s like Gaslighting,” Mr. P. stated. Dear. Z.W: I think Mr. P. would crack month’s entailment, and generally I agree group rate. But, as you legal eagles say, I “Yes, sir. Exactly.” wise with something like “Yeah, but if he with him. However, as bullies are the divest. “Where exactly do you suppose they does it a lot he’ll go blind.” Or some dumbest of dumbasses and deserve a kar- So the Comtesse tells Mr. P and the could find someone knowing all about such fecesious thing. Obviously, there’s mic asskicking, I gotta say the best way lieutenant how Sandy’s both scared and Cold War Era spy tactics here in 21st no actual president as that term is used to deal with them is to stand up to them. sick to death of this freaky stuff going on Century Jersey?” Lt. Orenstein asked. in law because nobody’s ever tried it. So, You know, a lot of times we Goths were with her. Even at work, she said, some- Mr. P tossed his chin towards Chips. apparently the Constitution allows the considered prime bully bait. But once, in one moved her car across the lot from “Well, we seem to have found one right Prez “to grant Reprieves and Pardons junior year, this dip named Frank Clancy where she knows she parked it that morn- here.” for Offences against the , yanked off my earbuds mid-Souixsie and ing. Mr. P. stated as how someone might Yours Getting Acquaintedly, except in Cases of Impeachment.” So, in the Banshees. I told him to give them actually try to scare her to death, and they Areyna Darquenesse its face, the only limitation is to federal back or I’d kick him in the nutsakular began to speculate on the problem. I Darque Muse of OCBA cases, not State. But, since we’re talking region. He gave em back. I kicked him guess they ran out of specula of their own, in suppositories, suppose a president does anyway ‘cause it wasn’t the first time and asked Chips what he thought. Being come up with a self-cleaning pardon. At but needed to be the last. To this day he the font of all things intellogical, he of that point, Congress could say “Alrighty walks like John Wayne. course had a ready answer. aphodite then, you can’t be inducted but Anyway, today started like any other. I “Well,” Chips began, there’s a term in you can be impeached. Tweets over and got into work early because Mr. P had got- German_” out.” Yet going way back to the days when ten on to me about not being punctual and I “I’m right with you Honey Buns,” I Dick E. Nixon was President, his Justice wanted to prove I had as much punctuation broke in, “I know exactly what you’re Department said he couldn’t pardon him- as anybody on the pay roll. I began with talking about.” Johnson & Biscone www.oklalegal.com Corporate Counsel Section Presents CLE Seminar October 27

Designed especially for those in-house counsel, the Corporate Counsel Section will be presenting a CLE seminar “Hot Topics in Employment Law” featuring Brent M. Giddens, Partner, Carothers DiSante & Freudenberger, LLP, Los Angeles, California. Covered topics will include:

• Mandatory Arbitration of Employment Disputes • Retaliation Claims – Protected Activity and Casual Connection • Evolution of the NLRB – Watchdog for Non Union Employers • Wage & Hour – Exemptions, Pay Equity, Minimum Wage and Class/Collective Actions • Disability Discrimination – Protected Disabilities, Reasonable Accommodation and Undue Hardship • Termination of Employment – Good Risk Management Practices

This seminar will be held at the OCBA Offices, 240 Robinson Renaissance, 119 N. Robinson, Oklahoma City, OK 73102. MCLE Oklahoma’s Top-Rated Accreditation has been approved for 1.0 hour of CLE Credit. To register for this seminar, go to the website at www.okcbar.org and Lawyers Since 1995 click on the Events Tab or call the bar office at 236-8421. THIS SEMINAR IS EXCLUSIVELY FOR IN-HOUSE COUNSEL. Martindale-Hubbell®

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And the Court Said . . . of a felony and had served a term in An information or indictment charging the right should not be unreasonably the penitentiary for passing counterfeit assault with intent to kill includes every restrained, and while it is true that An Olio of Court money. form of assault down to and including the legislative act, supra (but note Thinking There are three assignments of simple assault. The contention is not the amendatory provisions) did not by Jim Croy error argued in the brief. supported by any authority. designate the federal government, or The first is based upon the contention its agents or contractors as customers August 27, 1917 that the verdict of the jury was clearly to whom the respondent might sell One Hundred Years Ago against the weight of the evidence. In August 20, 1942 brick, the constitution by higher law [Excerpted from: Dotson v State, 1917 support of this assignment, counsel cite Seventy-Five Years Ago safeguarded the matter by securing the OK CR 176, 166 P. 902.] the case of Cain v. State, 13 Okla. Cr. [Excerpted from Harris v State Board state industry and its privileges “for 252, 163 P. 958, and Jackson v. State, Of Public Affairs et al. 143 P.2d 124.] public purposes”. Certainly, in war time Abe Dotson was tried in the 13 Okla. Cr. 520, 158 P. 292. These contracts of state agencies intended to district court of Sequoyah county on cases do not support the contention of Now on this the 20th day of assist the federal government in its war a charge of assault with intent to kill, counsel. In the Cain Case irresponsible August, 1942 pursuant to notice duly effort may be said to be for the general and convicted of assault with a sharp witnesses, whom the proof shows were given, there comes on for hearing and welfare and within a public purpose. In and dangerous weapon with intent bootleggers, testified that Cain had consideration of the Supreme Court ordinary peace times the governmental to do bodily harm. His punishment sold whisky unlawfully. Cain denied the matter of the petition of the above purpose of the state is to do justice was fixed at imprisonment in the state the charge, and made a clear defense, named plaintiff, John R. Harris, for and preserve domestic tranquility, but penitentiary for one year and one day. and proved by numerous witnesses that Writ of Prohibition directed to the in war time the state has an additional The information charges that the he was a law-abiding citizen of good above defendant, State Board of Public mission to perform and may perform crime was committed upon the person character in the community. Practically Affairs; said plaintiff appearing by it by lending aid, for a consideration, of Henry Hart. The testimony discloses the same state of facts was disclosed his attorney Frantz C. Conrad and the to the federal government in its effort the following state of facts: in the Jackson Case. The case at bar defendant appearing by Fred Hansen, to repel invasion by a foreign foe. At The plaintiff in error, Dotson, is altogether different. The plaintiff in Assistant Attorney General. The Court, present that is the dual and joint purpose together with J.H. and C.B. Stout, error admitted inflicting the wounds after hearing oral argument of counsel, of governments, state and federal. who were jointly tried and acquitted, on Hart, and said that he did so in self- being well and duly advised in the Therefore in the exercise of were white farmers living in Sequoyah defense, and also admitted that he was premises, finds that it should decline judicial discretion vested in this Court, county, and Hart was a negro farmer an ex-convict. to assume original jurisdiction of the I concur in the order denying original living in the same community. Hart The negro told a straightforward matter. jurisdiction. owned a number of hogs, which it tale, and exhibited numerous scars It Is Therefore Ordered, Adjudged, (Note: By amendment § 1, Article appears had been getting into the field which were the result of wounds and Decreed that the application of 1, Chapter 26, P. 114, O.S.L.1939, of Dotson and damaging his crops. A inflicted, and nobody denied that they the plaintiff for order of the Supreme 74 O.S.1941 § 123a, the inhibition number of these hogs had been killed. were so inflicted. The question, then, Court to assume original jurisdiction in contained in the prior act limiting sales Upon the day of the difficulty, Hart for the jury in this case resolved itself this proceeding for Writ of Prohibition to the designated customers of the went to the field where Dotson and into the proposition of whether or not be and the same is hereby denied and prison industry was converted into the Stouts were. He testified that they this negro went out and assaulted these the petition for Writ of Prohibition is a denial of authorization for certain were killing his hogs at the time. They farmers in such a manner that he had ordered dismissed. sales of products-this amounted to testified that they were not killing the to be chopped to pieces in order to RILEY, Justice (concurring). an expression of public economic hogs, but were chasing them with dogs. prevent him from inflicting serious On this day an order is promulgated policy and it was predicated upon the Hart testified that when he accosted injuries on them, when there is not a by which this Court declines to assume prohibition of sales of prison made Dotson about killing his hogs, Dotson, line of evidence to indicate that even original jurisdiction in this cause articles as were manufactured privately, without provocation, assaulted him a scratch was made upon the person whereby the petitioner, owner and generally and within the several with an axe, and cut great wounds into of either of the three white farmers, operator of the Ada Brick Company, counties of the state with exceptions as his body; that some of his fingers were or whether they assaulted him in the seeks to prohibit the respondent to surplus perishable commodities and cut almost from his hand; that a gash manner and form charged without from selling brick manufactured by the like.) was cut deep in his chest, from which justifiable or excusable cause. Under prison labor in the state penitentiary he almost bled to death; that other all these circumstances, this question of to Brown & Bellows Construction Fifty Years Ago severe wounds were inflicted with the fact was for the jury. There appears no Company for use in construction No reported cases. axe; that one of the Stouts hit him over reason why this court should disturb the of the Naval Ammunition Federal the head with a hammer. He exhibited verdict upon the ground urged. There Depot in McAlester, a federal war August 11, 1992 a number of ugly scars to the jury in being clear-cut and competent evidence project. Petitioner relies on inhibitions Twenty-Five Years Ago support of his account of the difficulty, tending to establish the guilt of the contained in Laws of 1937, page 114, [Excerpted from Application of Smith, and said that he made no assault upon accused, the judgment of the trial court 74 O.S.A., § 123, restricting the sale 1992 OK CIV APP 97, 837 P.2d 929.] the white men. and the finding of the jury on the facts of such prison made products to any The three white men testified that will not be disturbed on appeal. This other than the state or its political Appellant/Grandmother (Pat the negro assaulted Dotson, and that doctrine has been uniformly followed subdivisions or state supported Smith) seeks review of an order of the Stouts went to his rescue, and were by this court in so many cases that it institutions and the like. the trial court granting guardianship not parties to the inflicting of any of the is unnecessary to recount them here. This is a matter of public concern of J.D.C., a minor child, to Appellee/ wounds on the negro. Dotson testified No other rule has been followed, and and of state-wide business interest. In as Step-father (Neher). Smith contends that he inflicted the wounds himself, no other doctrine announced, under much as this court has denied original on appeal that the trial court abused its and that the Stouts had nothing to do a state of facts similar to those under jurisdiction without explanation, the discretion by placing the minor child with the trouble, and that he inflicted consideration, by this court since it was business interests involved may seek with Neher, and that the best interest all of the wounds in his necessary self- organized. and secure written explanations by of the child would be better served by defense; the negro having assaulted The second proposition is based resort to nisi prius courts and appeals. placing custody with Smith. him. upon the contention of counsel that Thus there would be involved in The minor child in this case was Dr. Holcomb testified that one of the information charges assault with the law’s delay disturbed business born out of wedlock in 1981 to Connie Hart’s fingers was out of joint; that he intent to kill; that there is no charge conditions and uncertain governmental Jo Confer and William Coates. The was cut in the chest, on the hand, and of assault with a sharp and dangerous duties and privileges. The Constitution, natural father has never participated in on the arm, and had from six to nine weapon with intent to do bodily harm § 31, Article 2, secures the right of the care, support or maintenance of the cuts on his head; that the largest wound without justifiable or excusable cause, the state to engage in business for child, and his whereabouts is unknown. was in his chest, and looked about the and therefore the offense for which public purposes and inhibits denial William Coates is not a party in the size of a common axe blade. the plaintiff in error was convicted is of that right. When the constitution proceedings below or on appeal. Neher Dotson testified in his own behalf, not included in the information. This provides the state-right shall not be is the step-father of the child, having admitting that he had been convicted assignment is wholly without merit. denied nor prohibited, it means that married Connie in 1989 after living www.okcbar.org • August 2017 • BRIEFCASE 5 with her for about 3 years. Appellant environment; or Pat Smith, formerly Confer, is the 6. any other person deemed mother of Connie and the maternal by the court to be suitable and grandmother of the child. Connie died able to provide adequate and of cancer in 1989, and on December proper care and guidance for 14, 1990, Neher filed his Petition for the child, Adoption in District Court. On the same Furthermore, upon the death of day, Pat Smith simultaneously filed her the custodial parent, the question of Application for Habeas Corpus. Smith custody of a minor child shall always was joined by her second husband in be based upon what is in the best the cause below, but she appears to interest of the child. 10 O.S. § 5.1. be the real party in interest. The trial See also 43 O.S. §§ 109 and 112 B. court consolidated both actions and Applying this statutory criterion to the after a hearing on the merits, granted case at bar, we again find that the trial to Neher guardianship of the minor court did not err. child. On appeal, the sole issue for In the present case, the thrust our determination is the application of of Appellant’s argument implies that 10 O.S. 1988 §§ 5.1 and 21.1 to the the preference order for awarding present case. custody in § 21.1 A is absolute and Smith attempts to state her the trial court therefore has little or proposition of error several different no discretion in determining the best ways, but the crux of her argument is: interests of a minor child. Smith does The award of custody of the minor child not, however, cite sufficient authority Obituaries to the step-father instead of the natural, to support this narrow interpretation, maternal grandmother by the trial court but candidly admits that case law constitutes an abuse of discretion and interpreting § 21.1 since its enactment Judge Leamon Freeman is violative of 10 O.S. 1988 § 21.1 is scarce. Grover v. Phillips, 681 P.2d By: Rex Travis and 1981 § 5.1. Smith argues the facts 81 (Okla. 1984) holds that absent of the present case demonstrate that a showing of unfitness, the natural Retired Judge Leamon Freeman died July 17, the child’s best interest would best be father is to be accorded his statutory 2017. He was 88 years-old. He served as a Special served by placing her with the natural preference to the exclusion of the District Judge from 1981 to 1983, at which time he grandmother. grandparent. Here we do not deal with was appointed a District Judge by Governor George Our standard of review was amply a natural parent nor the constitutional Nigh. He served a total of 15 years until his retirement stated forty years ago in the case of issues involved with the right of a in 1996. Currin v. Chadwick, 206 Okla. 148, natural parent. We therefore look to Soon after his graduation from high school at Ft. 241 P.2d 947 (1952). In custody the plain language of the statute and Cobb, Leamon enlisted in the Army. He became a surgical technician and proceedings, this court will carefully apply the broad guidelines previously served for two years. He then started college on the GI bill and participated in review the entire record. The findings mentioned. Naval ROTC. Part of participating in NROTC involved enlistment in the Naval and judgment of the trial court are The controlling language of 10 Reserve. This led to him being called to active duty in the Naval Reserve upon entitled to great weight and will not O.S. § 21.1 is the phrase “. . . the outbreak of the Korean War in 1950. be overturned unless against the clear according to the best interests of the The Navy used his Army training to make him a medical technician in the weight of the evidence. Since the child . . .” when determining custody, Navy. He was soon on board a ship headed to Japan where there was a lot of enactment of 10 O.S. § 5.1 (1981) not the order of preference. The trial need for medics to treat casualties from Korea. The ship encountered a severe and § 21.1 (1983, revised 1988), the court has wide latitude in determining typhoon which caused the ship to pitch and roll. This led to him obtaining a Oklahoma Supreme Court has generally the best interests of the child in custody nickname which dogged him throughout his naval service: “Leamon Freeman, stated that the appellate courts will matters brought by writ of habeas the seasick seaman!” Some years later, he could laugh about it, but at the time, review the record, weigh the evidence corpus or proceedings for adoption. not so much so. before the trial court, and “. . . where See 42 Am.Jur.2d Infants § 29 (1969). Soon after he got out of the Navy in 1951, he started college and graduated it does not appear that the trial court Each case must be decided on its own with an accounting degree from OCU in 1954. Since he had a family to support, has abused its discretion in making a merits. Our review of the evidence he worked full time as an accountant at the Oklahoma Publishing Company determination of those best interests, adduced below shows; that prior to her while he went to night law school at OCU. He was on the OCU moot court team the award of custody will not be death Connie had expressed a desire and graduated and was admitted to the bar in 1964. reversed . . .” Gorham v. Gorham, 692 that Neher should have custody of He became a partner in the firm of Freeman and Freeman, along with his P.2d 1375 (Okla. 1984). To establish the minor; that the child in question partner, Richard Freeman and practiced there until he took the bench in 1981. an abuse of the trial court’s discretion, had stated she wished to live with Many lawyers, including me, thought Leamon and Richard (who also became the one who challenges the trial her step-father; that Neher had been a respected District Judge) were brothers. In fact, they were not related at all. court’s determination of custody must providing a stable home environment Many of us would ask Leamon “How’s your brother Richard” or would ask affirmatively show the trial court’s for the child; and that Neher was able Richard “How’s your brother Leamon.” Either of them would say “Oh, he’s decision to have been contrary to the to provide adequate care and guidance fine.” child’s best interest. Gorham, supra. for the child. Notwithstanding the trial Leamon was a well-liked Judge, but he could be stern when he needed to Applying this standard of review to judge’s pronouncement that Smith was be. I once filed a case which got assigned to his court. The defendant removed the present case, Appellant fails to a fit grandparent and also capable of the case to federal court. The case then went up on appeal to the Tenth Circuit. affirmatively show the trial court’s providing a good home for the child, While the case was pending there, the case came up on Judge Freeman’s annual decision was not in the best interest of the trial court, after weighing all the “Disposition Docket.” the minor child. evidence, decided in favor of the step- I called his court to tell them the case should not be dismissed for lack 10 O.S. § 21.1 reads in part: father. Where the custody of a minor of prosecution because it had been removed. His clerk said “He’s already dis- A. Custody should be awarded child is an issue between two parties missed the case.” I said “Well, then he screwed up because he can’t dismiss a or a guardian appointed in the and neither one is a natural parent, federal case.” She assured me she would tell Judge Freeman. following order of preference the issue is not to be decided upon the She did. I very soon got a call from an unamused Judge Freeman, who said: according to the best interests statutory order of preference alone in “My clerk tells me you said I screwed up.” I admitted I had said that and he of the child to: the event both contesting parties are said “Why did you say that?” I explained that state court judges can’t dismiss 1. a parent . . . deemed to be fit and proper custodial federal cases. There followed what the diplomats would call a “frank discus- 2. a grandparent; parties. sion” of how one should go about communicating to a judge exactly how that 3. a person who was indicated Our review of the record indicates judge had screwed up. It was a conversation I will remember for a long time! by the wishes of a deceased that the paramount consideration of the However, he never seemed to hold my impertinence against me. parent; trial court was, and should have been, Judge Freeman’s family has suggested contributions in lieu of flowers to 4. a relative of either parent; the best interest of the child, and where Mercy Hospice, 4300 W. Memorial Road, Ste. 143, OKC, OK 73134, which 5. the person in whose house it does not appear that the trial court was of great help to him in his final days. He was a good man and a good judge the child has been living in abused its discretion, it will not be and he will be missed. a wholesome and stable reversed on appeal. 6 BRIEFCASE • August 2017 Volunteer Opportunities Book Notes

BOOK NOTES The OCBA has many opportunities to volunteer with their Community by Bill Gorden Service Committee, Law Related Education Committee, Lawyers For Learning Committee and Voices for Children Committee. However, this new monthly Writer, Sailor, Soldier, Spy Nicholas Reynolds, William Morrow (imprint of Harper column will list other opportunities for our members to help the community. If Collins) Hardback, 357 pages, $27.99 you know of something that should be listed here, please contact the Bar Offi ce at 236-8421 and we will add it to this new monthly Briefcase column. Watching Turner Classic Movies, the majority of his life outside the U.S., mainly works of the 1930s, one notices feared all governments, and always sup- a lack of “common people”, average ported the underdog? KIT A KID Janes and Joes. Men are dressed up There is a hurdle we must pass Due to drastic state budget cuts, school districts’ budgets have been slashed. in suits, or trussed up in tuxedos, the to analyze this work. There is little Over 50% of students in Oklahoma City Public Schools cannot afford to ladies in gowns or other notable attire. new here. There are many surmises purchase school supplies. The plot involves social faux pas, or and guesses. There is cited some new On average, principals and teachers spend $1,200 out of pocket to purchase mis-identification of one player with evidence of Hemingway’s association supplies for their classrooms. The Foundation and Oklahoma City Public another, as in Shakespeare. The only both with the Soviets and the OSS/CIA, Schools have launched Kit-A-Kid to help fi ll the gap. We have an opportunity non-upper crust parts are drivers, cooks, the first beginning with his coverage of to purchase school supplies in bulk and at reduced rate, so we can maximize waiters and the like. Few have speaking the Leftist side of the Spanish Civil your donation. With a $20 contribution, we can purchase starting supplies for roles. Then the great cauldron of World War, the second from his continued a child in the Oklahoma City Public Schools. To get more information or to War Two threw Americans togeth- hatred of Fascism, and his association donate, go to www.okckids.com/kitakid. er. Even before that, late Modernists with the U.S. military during WWII. sensed change, and began to write nov- However, one gets the impression that els and other works asking about and this work was initially researched when COAT A KID describing “the rest of us.” the Soviet Union fell, the author going Last year community partners made sure that no child in Oklahoma City One of the great movers here, early into KGB files early on. After Putin, Public Schools went without a warm winter coat. We are asking for your help on, was Ernest Hemingway. He was these sources clearly dried up. A paper again this year. When temperatures drop, thousands of Oklahoma City Public not the first, but, working out of the the author may have seen simply went Schools students will not have a coat to keep them warm. It’s a shocking sta- French expatriate scene, including F. away. He got to see summaries instead tistic but is a reality for these children. Another fact: Oklahoma City Public Scott Fitzgerald, included more and of the real thing. This book does not Schools is the state’s largest school district with 46,000 students and 90 percent more of “real life”, first in his reporting convict Hemingway of espionage. With living at or below the poverty line. on World War One, and A Farewell to anyone. We cannot meet the needs without the support of community partners like Arms, his novel on the same subject. It does, however, shed light on the you. Oklahoma City Public Schools rely on the support of community partners Other realists, such as Dos Passos, man. As a government hater, he was willing to step up and step in to provide assistance. Oklahoma City Public worked in the same way, but there the also pure American at his core. He lived Schools and The Foundation for Oklahoma City Public Schools are working effect was that the “real” life of the outside the country most of the time, but together to support our students and our goal is to raise $140,000 to be certain lesser classes, while sometimes tragic, knew “the common” American all too all who need it are provided with a warm winter coat. To donate or fi nd out was not all that notable, or noble. well. He probably never voted. Voting more about this project, go to www.okckids.com/coatakid. With his newspaper coverage on the might take one out of the underdog cate- Spanish Civil War, beginning in 1937, gory. Some say the man was overblown, Hemingway continued developing the and his exploits as a proto spy bear that new theme of the noble, interesting, out. He once took time to patrol, at his commoner. He was a champion of the own expense but with U.S. connivance, underdog, but also, crucially, excruci- part of the Caribbean for U-boats. In a atingly honest in reporting everyone’s fishing boat. With machine guns and faults as well as their good points. This hand grenades. Bigger than life? Yes. took him far. Others like Steinbeck Bigger than even that in his own mind? 3000 INSURANCE GROUP told similar tales, often more upbeat. Yes. Spy? No. Hemingway knew the underdog is One last note. There is much sim- called the underdog for a reason. His ple explanation imbedded in the book characters often do not prevail, but are which one should already know, such as brave and noble in the attempt. detailed historical background that one So here we have a book purporting ought to know if one had a successful to cast Hemingway as a spy, not only Sixth Grade. It is unsure whether this is for the Soviets, but also for the OSS filler or a nod to the Google Generation, and/or the CIA. How does this fit the who may lack certain fundamentals. story of this writer, who spent probably Either way it is annoying.

BUSINESS INSURANCE

Business Owner’s Policy, (For the rest of Summertime, a new book is balanced by an older book, considered Directors and Officers, very important at publication, and which has weathered time, usually with a Earthquake, Flood, Commercial Auto and Workers’ Compensation movie involved as well.)

To Have and Have Not Ernest Hemingway, Scribner, 1937, Paperback, (2003), ANSWERS. 262 pages, $15.00

PERSONAL INSURANCE ACCESS. This is arguably the first novel time as how people actually talked. This Life, Health, Disability, Auto, ACCOUNTABILITY. where Hemingway lets it all out. Just limits this particular novel as to use in Earthquake, Flood, Homeowner’s, and Personal Umbrella heading into the Spanish Civil War, he schools, so Hemingway’s Spanish Civil describes the lives of common people War novel is more commonly read. In and others in the underbelly of South many ways this is a grim work. There 405.521.1600 Florida and Cuba. It jumps around some is sort of an added after effect thought [email protected] 3000iG.com from chapter to chapter, but is held by process on the fairness of capitalist EMPLOYEE BENEFITS the theme of what life is really like for society, which feels very much as an Health, Dental, Life, Disability, and Vision real people in a variety of contexts. The afterthought. Do not just look up the A collaboration of Alexander & Strunk glimpse of underdog life was new, and, movie and watch it, because the entire and Beale Professional Services well, exhilarating for readers. Caution, setting of the story was changed, (by there are several “N-word” pieces, and then it was a WWII movie). It did have 3000 INSURANCE GROUP other racial slurs, which would have Bogart and Bacall, however, so watch it been defended by Hemingway at the in its own right. www.okcbar.org • August 2017 • BRIEFCASE 7 Sizzlin’ Summer of Service by Monica Ybarra, Community Services Committee Vice Chair

It has been a busy summer for been to the zoo before, and com- ple” said Travis Weedn, committee Camp Cavett is a summer camp the members of the OCBA Commu- mittee members ensured that they member and attorney at the Okla- for children of all ages battling nity Service Committee! Members had the ultimate zoo experience, homa Corporation Commission. life-threatening illnesses. Commit- were invited to accompany the including a stop at Sting Ray Bay! Additionally, several commit- tee members assisted with registra- residents of Family Junction for a “It’s been years since I’ve been to tee members volunteered to send tion, luggage, and parking duties. fun day at the Oklahoma City Zoo. the zoo! It was great to spend time off summer campers at the annu- Thanks to everyone who partici- Many of the residents had never with these amazing young peo- al Camp Cavett service project. pated.

Back Row - Cody Cooper (Phillips Murrah P.C.);Reign Karpe (Ailles & Associates) (L-R): Monica Y. Ybarra (Phillips Murrah P.C.); Jacqueline McCormick (Pierce Couch Hen- drickson Baysinger & Green, LLP); Nicholle Jones Edwards (Phillips Murrah P.C.); Marchi Valerie Hatami, Robin Fields, and Heidi McCartney; Erica Halley (Phillips Murrah P.C.); Joi McClendon; Beth Mckala (Hall Esti ll); Nichols, all of Conner & Winters, LLP. Chance Pearson (Ryan Whaley Coldiron Jantzen Peters & Webber) 8 BRIEFCASE • August 2017 OBA Cuba Cruise By Judge Patricia Parrish

On July 7, 2017, several mem- United States, as well as life in Cuba. wall. Both locations serve as hubs of Tropicana Club was a special treat, bers of the Oklahoma Bar Association Over the week we became well- Cuban life. The “old” American cars where we were entertained by exotic joined President Linda Thomas and versed in Cuban history - past, present were lined up waiting to take tourists Cuban dancers. embarked on the OBA’s Cuba Cruise. and future. Santiago de Cuba is known on personal tours of the city, includ- In our last port of call, Cienfuegos, In one word, the trip was “amazing.” for its plentiful sugar cane and tobac- ing the surrounding areas. We were we enjoyed a smaller, more picturesque We cruised around the island of Cuba co fields, as well as forts which stand offered the opportunity to visit Ernest village. It was a pleasure to stroll down with ports of call at Santiago de Cuba, as reminders of the Spanish-American Hemmingway’s Cuban home, which the street watching the street entertain- Havana, and Cienfuegos. The cruise War, in which Cuba gained its indepen- was preserved as if he were still living ers. All in all, the trip allowed those was made possible through the People- dence from Spain. there today. Lastly, we enjoyed the who participated the opportunity to to-People program, which is an edu- During our two-day stop in opportunity to eat at privately-owned experience the history, art, music, cui- cational program designed to allow Havana, we visited several town restaurants, commonly referred to sine, and overall culture of the Cuban United States citizens to meet Cuban squares, as well as the Malecón, which as “paladars.” For the adventurous people. And, of course, we all left with people and to talk about life in the is an esplanade built along the sea members of our group, a trip to the Cuban cigars, coffee and rum!

Judge Barbara &

Charlie Swinton in Cuba

OBA President Linda Thomas www.okcbar.org • August 2017 • BRIEFCASE 9

Judge Patricia Parrish in cruise mode!

OBA Executive Director John Williams

Knowledge

Terry L. Watt, Ph. D, joins Crowe & Dunlevy’s Tulsa office as a licensed patent attorney. With more than 20 years of experience obtaining, protecting and enforcing intellectual property rights for clients, Terry is an invaluable addition to the firm’s Intellectual Property Practice Group. We welcome him to the firm.

crowedunlevy.com 10 BRIEFCASE • August 2017

Judge Sheila Stinson

by Scott Jones

Judge Stinson is a native of Boise City In her spare time, Judge Stinson enjoys and graduated from Boise City High School traveling and spending time with her fami- in 1995. Stinson served as an intern for ly. She lives in Edmond with her husband, Senator Don Nickles in 1999. She obtained Preston and their two children, Charlie (age her bachelor’s degree in Criminal Justice 6) and Thomas (age 4). Preston owns Stinson from the University of Central Oklahoma in Development Company, which constructs 1999, and completed her law degree at the signs and billboards. Her parents, Mike and OU College of Law in 2002. Helen Barnes, who have been married for 45 Stinson was in private practice at the firm years, still live in Boise City where they own of Walker, Ferguson and Ferguson for eight and operate a wrecker service. years until 2010, where she practiced insur- Stinson said she had always wanted to be a ance defense and civil litigation. She then lawyer. In fact, she wrote a paper in junior moved to Kirk and Chaney handling corpo- high about wanting to become a lawyer and rate and medical malpractice cases until she a judge and worked for an attorney in Boise opened her own firm in 2014. Her practice at City while she was in high school. Stinson Law Group included estate planning, Judge Stinson is the current Vice President general litigation and business law. of the Oklahoma County Bar Association and She has not been on the bench long and has will become the President elect next year. not had time to develop a list of likes and She also serves on the Board of Trustees for dislikes, but she expects the attorneys who the UCO Foundation, is a past president of practice in her courtroom to be professional the Rotary Club of North Oklahoma City and and prepared. Judge Stinson’s judicial role has been involved with Oklahoma Girls State models include Justice Noma Gurich of the for 19 years. Sheila Stinson is Oklahoma County’s new- Oklahoma Supreme Court and Judge Barbara Judge Stinson’s courtroom is Room 115 est Special Judge. Stinson was sworn on Swinton of the Oklahoma Court of Civil of the Oklahoma County Courthouse. Her July 10, 2017. Judge Stinson has assumed Appeals, as well as former Supreme Court chambers are in Room 117. Her chambers the domestic docket opened when former Justice Marian Opala. She also looks up telephone number is (405) 713-7109. Her Special Judge Richard Ogden was appointed to retiring District Judges Bryan Dixon and staff includes Frances Richey (clerk) and by Governor Mary Fallin to District Judge Roger Stuart for their professionalism and Charlie Yost (court reporter). She does not in May. courtroom demeanor. yet have a bailiff.

Judge Trevor Pemberton

by Scott Jones

Trevor Pemberton was sworn in as When he was hired for the Special Judge Oklahoma County Special Judge on position, Pemberton had been practicing May 10, 2017. Judge Pemberton was primarily construction law at the firm of hired to fill the position created by the Hayes, Magrini and Gatewood. retirement of Special Judge Fred Doak. As with most judges, Judge Pemberton Judge Pemberton has been assigned expects attorneys practicing in his to Judge Howard Haralson’s domes- courtroom to be prepared and have tic docket that opened when Judge everything timely filed. He also expects Haralson was appointed by Governor counsel to be professional and respect Mary Fallin as District Judge earlier other attorneys. He dislikes attorneys this year. “talking over each other.” Pemberton was born and raised in Judge Pemberton lives in Oklahoma Enid. He graduated from Pioneer- City. He describes himself as a “lake Pleasant Vale High School in 2001. enthusiast,” and enjoys wakesurfing, He then attended the University of water skiing and bicycling in his free Oklahoma where he obtained his bach- time. He also has an interest in reading elor’s degree in Sociology-Criminology books on the Christian religion. in 2005. He completed his law degree In the community, Judge Pemberton at School of is on the board of the Salt and Light Law in 2008. Leadership Training (“SALLT”) pro- Pemberton began his legal career in gram and a member of the Downtown civil litigation at Foliart, Huff, Ottaway Exchange Club. He is also a member of and Bottom. Judge Pemberton previ- Bridgeway Church. ously practiced civil litigation and fami- Pemberton’s courtroom is in Room 123 ly law at Mulinix, Ogden, Hall, Andrews of the Oklahoma County Courthouse. and Ludlum (“Mulinix Ogden”) from His chambers are in Room 125. The 2009 to 2015. He then moved across telephone number for his chambers is the hall with attorneys who had been (405) 713-1451. His staff includes with Mulinix Ogden to form Hall and Melissa Dull (bailiff), Sula Love (clerk) Ludlum where he worked until 2016. and Marla Hill (court reporter). www.okcbar.org • August 2017 • BRIEFCASE 11

responsible party. When the deputies confronted to take Claude Chandler to the Oklahoma County Chandler at his residence, Chandler grabbed his jail. The Logan County prosecutor acquiesced. GONE rifle and a shootout ensued. Bradley Wynn, currently serving as an When the smoke cleared, two deputies and Oklahoma County deputy and the sheriff depart- by Allen Welch Chandler were dead. A third deputy, and Chandler’s ment’s historian, recently located the 97-year old Special Judge, Oklahoma County 16-year old son Claude Chandler, were shot and logbook in the department archives, which record- wounded. ed that Claude Chandler was booked into the On August 28, 1920, Oklahoma County Young Chandler was arrested and handcuffed Oklahoma County jail for murder at 1:50, p.m., on District Attorney O.A. Cargill sent deputies to the to a fence. The Lincoln County District Attorney August 28, 1920. tiny hamlet of Arcadia in the far northeast corner was prepared to take Claude in, and charge him The county jail was then located near Main of Oklahoma County to investigate rumors about with murder, when Cargill and Luther Bishop Street and Dewey in Oklahoma City, and had the sale of illegal moonshine. The deputies found (the Chief Deputy Sheriff) arrived on the Lincoln three floors. Inmates were segregated, according the illegal still six miles north of town - just County scene. The two Oklahoma County author- to race. African-American prisoners were housed across the county line in Lincoln County. ities informed the Lincoln County authorities - at on the third floor. Lawmen identified Charles Chandler as the gunpoint - that they most assuredly were going See GONE, PAGE 14 12 BRIEFCASE • August 2017 Bar Observer

Scott Butcher named director looking at things to figure out how Steven W. McGrath, also from & Meyer, P.L.L.C. is located at 210 at Crowe & Dunlevy they work, and Intellectual Property Tulsa, will serve as Chairman. Mark Park Avenue, Suite 3030, Oklahoma is a great fit for that interest,” Cody D. Berman, of Tulsa, will serve as City, Oklahoma, and can be reached said. “I like the idea of working the Secretary and Chief Operating at 405-232-3800 or at www.lawokc. Crowe & Dunlevy recently named hand-in-hand with inventors to help Officer, and Jared D. Giddens, com Scott Butcher to a director posi- them along with the process, with Oklahoma City, will become the Henry A. “Hank” Meyer, III, is an tion. With nearly a decade of expe- the end goal of getting them a pat- Chief Financial Officer. Melodie experienced trial attorney that has rience, Butcher will continue to ent on their unique idea. Freeman-Burney, of Tulsa, J. Ryan successfully represented clients in work from the firm’s Oklahoma Intellectual Property is a perfect Sacra, of Tulsa, Todd P. Lewis, complex cases before the state and City office to represent clients as blend of law, science and entrepre- of Fayetteville, Arkansas, and G. federal district courts in Oklahoma, part of Crowe & Dunlevy’s Energy, neurship that perfectly aligns with Daniel Miller, of Washington, DC, as well as the Oklahoma Supreme Environment & Natural Resources my personal interests and passions.” will also serve on the Executive Court, the Tenth Circuit Court of and Litigation & Trial Practice With this motivation in mind, Committee. Appeals, U.S. Court of Appeals for Groups. Cody began the process of obtain- the Federal Circuit, and the United Butcher’s practice focuses on ing a license to become an official States Supreme Court. complex contract disputes, envi- Patent Attorney. Mulinix Goerke & Meyer, Mulinix Goerke & Meyers, ronmental liability litigation and Aside from personal gain, the des- P.L.L.C. P.L.L.C. maintains its office in regulatory enforcement and com- ignation of a Patent Attorney offers Oklahoma City on the 30th Floor pliance for clients in petroleum, credibility and security for clients Mulinix Goerke & Meyer, of the . The firm renewable energy, agriculture, which isn’t afforded to those seek- P.L.L.C. (formerly Mulinix Ogden maintains diverse practice areas and mining, property development and ing patents on their own accord. Hall Andrews & Ludlam, P.L.L.C.) a diverse make-up of attorneys. For more. He also serves individual lit- However, the process for obtaining is pleased to announce Henry A. more information, please visit the igants and advises clients regard- a patent license can be demanding, “Hank” Meyer has joined the firm. firm website at www.lawokc.com or ing water use regulation and liti- especially with a full-time legal The main office of Mulinix Goerke call us at 405-232-3800. gation, as well as administrative workload. appeals. In addition to litigation In order to sit for the Patent Bar, in court, he has represented clients candidates must have a scientific or before the Oklahoma Corporation technological background, typical- Courthouse Briefs Commission, Oklahoma Department ly in the form of an undergraduate of Environmental Quality and degree in a science or engineering Oklahoma Water Resources Board. field, in addition to securing a law • Judge Mark McCormick was sworn in on August 1st, he will be With a bachelor’s degree from degree. presiding on the 5th floor, courtroom #512 the University of Oklahoma and Cody spent a several hours most • Judge Sheila Stinson will be presiding on the 1st floor of the a law degree from New York nights and weekends studying for courthouse, courtroom #115 University School of Law, Butcher the two months leading up to taking has clinical experience working the Patent Bar. He passed on his • Judge Larry Shaw has moved to the 2nd floor, courtroom #202 with the U.S. Attorney for the first attempt, and as of July 2017 Eastern District of New York and has officially obtained his Patent spent time working for the U.S. License and the ability to practice Attorney for the Western District of as a Patent Attorney. Oklahoma in the Criminal Division Learn more about Phillips Violent Crimes section. He is also Murrah’s Patent, Copyright and an active member of the American Trademark Practice Group by vis- Bar Association. iting the Intellectual Property Practice Area page on phillipsmur- rah.com. Phillips Murrah Attorney Cody AUGUST 17, 2017 Cooper earns patent license Conner & Winters Announces YLD “Striking Out Hunger” Merging work life with personal Leadership Team interests is a tough feat to accom- Bowling Tournament plish, but in 2015, Phillips Murrah Conner & Winters is pleased to 6 p.m., Heritage Lanes Attorney Cody J. Cooper set in announce the Firm’s newly-elect- motion a two-year journey to make ed management team. P. Scott that a reality. Hathaway of Tulsa, Oklahoma, will SEPTEMBER 22, 2017 “I’ve always enjoyed science and assume the role of President, and 2017 OCBA Annual Dinner Dance Skirvin Hotel Grand Ballroom

OCTOBER 27, 2017 Corporate Counsel Section CLE “Hot Topics in Employment Law” 12 Noon, Bar Offi ce

DECEMBER 7, 2017 OCBA Holiday Reception Robinson Renaissance The Badgers Den 2823 Epperly Drive Cigars, Pipes, and Del City, OK FEBRUARY 23-27, 2018 Accessories www.badgersdenokc.com 2018 OCBA Santa Fe Ski Seminar Monday - Saturday 8am - 8pm • Sunday Noon - 8pm Santa Fe, New Mexico www.okcbar.org • August 2017 • BRIEFCASE 13 MY FIRST JURY TRIAL by David Pomeroy

This is a true story. Well, at least an old, cheap suit and cowboy boots. as true as a story can be when filtered Well, I was just into practice so any suit through fifty plus years and only one I had was certainly cheap but it was new. participant’s memory. This is the kind of And cowboy boots? Any cowboy in me story you hear around the tables at the was all urban and the jury would know luncheons honoring lawyers who have that immediately. 50+ years of practice without dying or On a fine Spring day (as I recall) being disbarred. the trial began late in the day due to Are you sitting comfortably? Good. some other matters on the docket. It Let the story begin: was very disheartening to see that the defendant seemed to know most of the It was in the mid-1960’s that the jury pool as the bailiff lead them into the OU College of Law spit me out and courtroom. There were many nods and the Oklahoma Supreme Court reluctant- winks exchanged. Voir dire was worse. It ly authorized me to practice law. They seemed that each potential juror knew the warned me not to try it in any other state. defendant as an upstanding, contributing containing my “outline”. What to do?? compared to the amount of time I had I went to work for a small firm in member of the community. The crusty No chance to retrieve the prepared argu- spent. Oklahoma City whose practice in large defense lawyer kept referring to jurors by ment in the legal pad now laying on my I fully expected an appeal to be part consisted of commercial collections. their first names in spite of being repeat- kitchen table. Dismiss with prejudice?? taken. After all, the number of errors Soon thereafter I was assigned a case edly admonished by the Court. Suicide??!! I had committed was probably beyond to be filed in a county just southwest of It went pretty well for my case in Well, this part of the story has a counting. But no appeal came and the Oklahoma City. This county at that time chief, the Court seemingly taking pity happy ending—for me at least. reason for that and the agreeability on the was quite rural although now it is consid- on me and even guiding me around some Without the crutch of the narrative which attorney fee soon became apparent—the ered a part of the Greater Metropolitan of the objections being hurled by the I’m sure I would have ended up reading judgment could not be collected. We had Area. The good people who now reside defense. The day ended with my client to that jury, I made an unrehearsed and won a battle but lost the war. there seem to believe that the sense of still on the stand. therefore seemingly genuine appeal for There were lessons learned from that community and simpler lifestyle it offers I arrived quite early the next day justice for my client. It was successful first jury trial. First, no matter what hap- offset the rather rigorous commute. and was standing at my table spreading and in relatively short order, the jury pens, they can’t eat you. Second, juries The case was an action to collect fees my materials out when the defendant’s returned a verdict for my client for the do a pretty good job of obeying the oath charged by an out-of-state expert who lawyer came in and struck up a cordial full amount sought. they give to fairly and impartially try the was hired by a lawyer whose office was in conversation, probably about the weather After some wrangling, the judgment matter, and third, make that closing argu- the county seat of this particular county. or something else equally uncontroversial was entered—the defense even agreed ment with eye contact with the jury—they And the expert was not only from out-of- as he opened his briefcase at his table. to a prevailing party attorney’s fee. The will get “read to” enough by the Court state, but he was from California! The There lying in his briefcase was the big- fee was a reasonable one, but a pittance when the instructions are given. area of expertise of this person has left me gest hand gun I had ever seen! Seeing now—I think it may have had to do with my eyes about pop out of my head, the noise levels. old lawyer laughed as he took the gun So the case is filed and the defendant and stuck it in his waist band at the back lawyer came to be represented by another of his pants, saying that the husband of a older lawyer there with a wide-spread woman he was representing had threat- reputation—even I had heard of him. The ened him with harm and he thought it reputation was fearsome: he was known best that he “be prepared”. The wild, as an old-school, rough and tumble, no wild West was seemingly alive and well! holds barred litigator. The case bumped Fortunately, the gun did not reappear. along through motion practice. Motions The rest of that day was consumed were filed on behalf of the defendant by the remainder of my case in chief and and I would appear and, after sitting the testimony from the defense. Try as through the meeting of the local county I might, I could not penetrate the cool, bar association which happened before confident testimony of the lawyer defen- each monthly motion docket, the defen- dant. We adjourned the second day with dant’s lawyer would take me aside and both sides resting. Tomorrow would be say: “Why son, you didn’t need to travel closing argument and instructions. over here for this. You should have called That night I spent working on clos- me and I would have had it stricken”. I ing. I started with a new legal pad, begin- guess the phone lines ran only one way ning on the second page so I could cover back then. up my outline so as to thwart spying eyes. Eventually the case appeared on the I prepared a one page outline of the argu- jury trial docket—it was to be my first ment. Thinking I might forget something, jury trial. I devoted many, many, too I redid the outline, adding subparagraphs many hours to preparation. (Remember, so that the outline now was about three these collection cases were on contin- pages. This seemed better, so I discard- gent fees). Unable to sleep, I prepared ed those pages and redid it with more examination outlines, cross-examination detail—now up to about 5 pages. I went outlines and then revised each over and through the same process at least two over. more times so that at the end I had about I sought advice from anyone I could 8 pages of verbatim argument to present. corner about how to deal with the rural I closed the top cover and stumbled off jury sitting in judgment on one of their to bed. own, defended by the local lawyer legend. Very early the next morning I Advice was dispensed freely and often it gathered my stuff and headed off to the was conflicting. Most of it boiled down courthouse. Arriving at my counsel table, to this: dismiss with prejudice! I again unloaded my materials and dis- 1233 Sovereign Row • Oklahoma City, OK 73106 www.warrenproducts.com • (405) 947-5676 Another associate at my firm (2 years covered—HORRORS!!—I had brought a out of law school) had this advice: wear new, unused legal pad instead of the one 14 BRIEFCASE • August 2017

GONE CONTINUED, FROM PAGE 11 named John Saunders. The Sheriff The far right column of the log east corner of West Reno and North gave Goodwin the night off, before book routinely documented the time Council Road, are four solitary trees The headline on the Sunday edi- leaving “for a drive with his wife.” and manner of a prisoner’s “release.” standing in the large field outside the tion of the Daily Oklahoman the fol- Saunders, on his ninth day on the The entry, timed 9:30, p.m., August former AT & T Plant. Chandler was lowing morning read TULSA MOB job, was left alone to guard dozens 28, 1920, regarding Chandler’s taken to one of those trees, lynched, HANGS ALLEGED SLAYER. A of prisoners including Chandler, the release reads and then photographed. large mob in Tulsa had stormed the night after a mob had overrun the “Lost N-----.” The photograph which was Tulsa jail the previous day, captured Tulsa County jail and lynched a pris- Sheriff Johnson returned to taken is not a typical crime scene a prisoner there accused of murder, oner. the jail about 10:00, that evening. image. The two men on each side and lynched him on the outskirts The doorbell to the County Jail Saunders had by then freed himself, of Chandler were Chief Deputy of town. That newspaper story then rang at 9:25, that Sunday night. but did not mention the abduction. Bishop and another deputy sheriff. sequed into the story about Claude When Saunders opened the door, he Johnson left the jail again, and “went The African-American pictured on Chandler, and reported that threats to saw dozens of people. One shoved to bed.” He claims that he received the right was the mortician’s assis- lynch Chandler were “legion.” a gun in his face, and told Saunders an anonymous telephone call the next tant. The inscription on the bottom At the Oklahoma County jail to “take them right to the negro.” morning, and that the caller told him of the photograph reads “I send you meanwhile, jailers had moved Chandler was taken at gunpoint, and that he could find “your negro five this beautiful photograph this is one Chandler from the third floor and the young deputy was locked in a jail miles west on Reno.” The lifeless who died by the unwritten law yes- placed him on the second floor. On cell. body of Chandler was soon located, terday.” Sunday, the jail was staffed by the Deputy Wynn reports that he was hanging from a tree. He had two bul- James Robertson, the Governor Sheriff, Frank Goodwin (an expe- “shocked” when he reviewed the log let holes in his forehead. of Oklahoma, was outraged. An rienced deputy), and a new deputy book further. Standing today, at the north- investigation was ordered. A grand jury was impaneled. Sheriff Johnson told the media that he “had no apol- ogy to make to Governor Robertson or anyone else . . . What happened is just what has happened ten thousand times before and will happen again in the future.” After deliberating for seventy minutes, the grand jury returned a verdict of not guilty. Elmer Fulton, the Assistant Attorney General assigned to the case, deplored the defense law- yers’ pitch of “delivering a plea to the jury which was an ill-con- ceived advocacy of lynch law,” and declared that “such disregard for the orderly procedure of law in cases which tend to rouse public passions will do more to undermine the foun- dations of American institutions than all the bullets of the Kaiser or the preachings of Bolshevism. It is not these men who are so much to blame, as a public opinion which condones law violation and lynch law by word or intimation. The seeds of Bolshevism are sown by the men in public office who see fit to wink at the law.” Thanks to the research of Deputy Wynn with the assistance of the Oklahoma County Sheriff’s office, this stain has been uncov- ered. Thanks to the efforts of The Daily Oklahoman’s Bobby Dobbs, the Chandlers’ descendants recently assembled on a windswept field in far west Oklahoma City, underneath a grove of trees. Charles Chandler’s grandson, Charley Chandler, was there. So was Charley’s 80-year old cousin, Elsie. She is retired from the AT & T plant. Elsie was over- whelmed to learn that for 35 years she had traveled unaware to and from work, past the site of her uncle’s lynching. Bobby Dobbs says “I’m thankful I met Charley Chandler, and for the lessons he taught me. Never once did I hear him curse the darkness of the past. Instead, he lit a candle and showed me how far we’ve come since the day his uncle Claude was lynched in that field.” The author has relied herein upon, and is grateful for, the research of Deputy Bradley Wynn, and Bobby Dobbs of the Daily Oklahoman. www.okcbar.org • August 2017 • BRIEFCASE 15

in Pawnee County and sentenced to effi cient and effective during the initial life, plus 35 years, for arson and the stages of case evaluation for clients whose subsequent murder of the man who lived matter has the potential for relief under in the trailer that had been set on fi re. Mr. Oklahoma’s Post-Conviction statute. Sampson fi led a motion for DNA testing in May 2016. The Project agreed to take Support from Volunteer Lawyers the case and during the spring semester, We currently have four cases that are Misty Neal, a 2017 graduate of the law being reviewed by volunteer lawyers to The last 12 months have been a Mr. O’Neal and that he committed the school, worked on the case obtaining determine if a motion for Post-Conviction busy time for the Oklahoma Innocence murder, although she never reported the records from the court fi le and the defense DNA testing is necessary or whether the Project (OKIP). The Project was able guns had been stolen. At Mr. O’Neal’s lawyer who represented Mr. Sampson. case is ready to have a motion for Post- to free Malcolm Scott and DeMarchoe trial, the woman failed to appear, so her Additionally, Ms. Neal contacted an arson Conviction relief fi led. We also have a Carpenter after both men spent over 20 preliminary hearing transcript was read to investigator who provided a preliminary number of students and members from years in prison for a murder they did not the jury. Based upon that evidence, Mr. report questioning the science that was the community who volunteer in the commit. In November 2016, the Court O’Neal was convicted of murder. used to convict Mr. Sampson. The Project clinic answering mail and performing of Criminal Appeals handed down an In 2015, the Project fi led a Petition will continue to work on Mr. Sampson’s administrative duties. We greatly unanimous fi nding of factual innocence for Post-Conviction relief for Willard case throughout the fall semester and will appreciate their commitment and time in their cases, allowing them to spend O’Neal in Tulsa County District Court. fi le a Petition for Post-Conviction relief to help evaluate and correct wrongful their fi rst Christmas with their families in Judge William LaFortune set the matter if the scientifi c evidence used to convict convictions. 22 years. Mr. Scott and Mr. Carpenter’s for an evidentiary hearing in December him was materially fl awed. cases are not the only matters the Project 2016. In reviewing the case fi le, it was FITE - Fighting for Innocence has pending. determined that several items of evidence Innocence Clinic Class Through Exoneration obtained from the crime scene in 2001 Andrea Miller, an adjunct professor, Last year, under the Student Bar Petition for Post-Conviction Relief were either not tested for DNA, or a DNA has taken on the responsibility of teaching Association at OCU Law, a new student for Willard O’Neal profi le was not able to be obtained. As a the beginning Innocence Clinic class, organization was established to raise along with Bob Ravitz, who also teaches Willard O'Neal was convicted and result, in 2016, the Project fi led a motion awareness of wrongful convictions the Wrongful Convictions class. This is sentenced to life in prison for the for DNA testing. An Order authorizing and lend support to the Project. The the classroom / lecture component taught December 23, 2001 murder of a night the OSBI to test certain items of evidence organization is named FITE, Fighting For within the Oklahoma Innocence Project. club owner. Mr. O’Neal was convicted was signed by Judge LaFortune in 2017. Innocence Through Exoneration. The In an effort to better evaluate requests based solely upon the uncorroborated The OSBI has the evidence, and we are initial meeting had over 60 attendees. The for assistance from OKIP, potential cases preliminary hearing testimony of a woman awaiting the results. organization elected Cameron Farnsworth, are now reviewed and assessed by both whose guns were used in the murder. President and Marcos Chavez-Sierra, Vice- the Innocence Clinic and Wrongful The woman, who was in jail when the Case Review for Patrick Sampson President. In March, both students attended Convictions class. As a result, OKIP guns were recovered from Lake Oologah, In late fall of 2016, Judge Jefferson the Innocence Network Conference held in evaluated 49 cases within the last year. was confronted with evidence that two Sellers of Tulsa county contacted the San Diego, CA. Of those, 23 were closed and 26 have guns she owned were connected to the Project to refer a matter that had been To learn more about the Oklahoma been referred to the clinic for further shooting of the night club owner. She told fi led pro se by Patrick Sampson. Mr. Innocence Project, contact us at development. This process will be more investigators the guns had been stolen by Sampson was convicted in March 1998 [email protected] or 405-208-6161.

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