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Criminal Jurisdiction Over Non-Indians Plus by O Volume 84 u No. 21 u Aug. 17, 2013 ALSO INSIDE • Lawyers Assist Disaster Victims • Banquet to Benefit Lawyers Helping Lawyers • Leadership Academy Participants Announced • OBA Membership Survey Know an Oklahoma lawyer who makes a real dierence? THIS IS YOUR LAST CHANCE TO NOMINATE THEM FOR AN OBA AWARD NOMINATIONS DUE AUG. 19 SEND AWARDS NOMINATIONS TO EMAIL: [email protected] FAX: 405-416-7089 MAIL: OBA AWARDS COMMITTEE, PO BOX 53036 OKLAHOMA CITY, OK 73152* DUE *Mailed nominations must be postmarked by Aug. 19. More info at www.okbar.org/news/Recent/ 2013/OBAAwards LET’S TALK HEALTHINSURANCE Stay informed. Whether its personal health insurance for your family, group health insurance for your practice or medicare supple- ment of those over age 65, work with the experts who have your best interest at heart. We’re studying health care reform daily and staying on top of changes. Call, email or visit our website for more information or your free quote. 65+ 800.530.4863 405.521.1600 bealepro.com [email protected] f in 1554 The Oklahoma Bar Journal Vol. 84 — No. 21 — 8/17/2013 THEME : CRIMINAL LAW Editor: January Windrix contents pg. 1618 Aug. 17, 2013 • Vol. 84 • No. 21 DEPARTMENTS 1556 From the President 1632 From the Executive Director 1633 Law Practice Tips 1635 Ethics/Professional Responsibility 1637 OBA Board of Governors Actions 1645 Oklahoma Bar Foundation News 1648 Young Lawyers Division 1650 What’s Online 1651 For Your Information 1654 Bench and Bar Briefs 1658 In Memoriam 1664 The Back Page FEATURES 1559 An Overview of Recent Changes in the MIRANDA Doctrine and the Right to Counsel and Silence pg. 1620 By Scott Rowland LHL Cornerstone 1567 The Violence Against Women Banquet Reauthorization Act of 2013 and Tribal Criminal Jurisdiction Over Non-Indians PLUS By O. Joseph Williams 1618 Oklahoma Attorneys Answer the 1573 Expanded Opportunities for Call of Storm Victims Expungement of Criminal Records By Jarrod Houston Beckstrom By Zachary Waxman 1579 Document Discovery in a State 1620 Argus Hamilton to Perform at Criminal Case LHL Cornerstone Banquet II By Orval Jones By Lance Schneiter 1585 BAXTER a ‘Warranted’ New Frontier 1623 Oklahoma Attorneys Selected for By John Paul Cannon Leadership Academy 1591 Juvenile Justice: Life and Death 1624 2013 OBA Member Survey Results By Doris J. “Dorie” Astle Now Available 1599 DUI Law: A Trial of Tests By Sonja R. Porter 1626 Photo Highlights: Sovereignty 1605 Human Trafficking: Beyond PRETTY Symposium WOMAN and Huggy Bear 1629 Book Review: BUSINESS AND By Robert Don Gifford COMMER C IAL LITIGATION IN 1611 Thoughts on the Plea Bargain FEDERAL COURTS Process in Oklahoma: Ethics, Reviewed by Rob Duran Philosophy and Strategic Approaches Board of Governors 2014 Vacancies By Jim Drummond 1631 Vol. 84 — No. 21 — 8/17/2013 The Oklahoma Bar Journal 1555 FROM THE PRESIDENT Statewide Service Projects to Give Back By Jim Stuart The OBA Day of Service set for Sept. 20-21 is Does your county bar have a now in its final stages. Lawyers from across the state are project planned? Check the list planning projects and finding ways in which to give on the Young Lawyers Division back to their communities. Law firms both large and page in this issue. If your county small, corporate law departments, law schools, legal is not there, contact your bar services organizations and bar lead- president to get some- ership, are all needed in order to thing organized. It’s implement this significant OBA ser- not too late. You pick vice project. the community orga- It’s not too nization to assist. I’m Coordination of efforts and events expecting more addi- is being made through the leadership late. You pick tions to that list, which of the OBA Board of Governors, the community will soon be posted to Young Lawyers Division and county www.okbar.org with bar presidents. The time to mark organization more details on the your calendars is now. Take a moment projects. to set aside Friday, Sept. 20, or Satur- to assist. day, Sept. 21, as a day in which to This is the one day give back. (okay, two days) to showcase what we as Join with the other members of your lawyers do on a regular basis — county bar or organization to participate giving back — and to say thank in a worthwhile service project, whether you to those communities in it be freshening up the facilities at a local which we live. youth shelter, reading in an elementary classroom, providing pro bono legal ser- I’m counting on you to be vices to returning armed forces person- involved in this meaningful nel — or donating to a favorite charity. statewide project. The giving possibilities are endless. President Stuart practices in Shawnee. [email protected] 405-275-0700 1556 The Oklahoma Bar Journal Vol. 84 — No. 21 — 8/17/2013 OFFIC ERS & BOARD OF GOVERNORS James T. Stuart, President, Shawnee Renée DeMoss, President-Elect, Tulsa EVENTS CALENDAR Dietmar K. Caudle, Vice-President, Lawton Cathy M. Christensen, Immediate Past President, AUGUST 2013 Oklahoma City Gerald C. Dennis, Antlers 19 OBA Alternative Dispute Resolution Section meeting; 12 p.m; Robert S. Farris, Tulsa Oklahoma Bar Center, Oklahoma City with teleconference; Contact Robert D. Gifford II, Oklahoma City Michael O’Neil 405-232-2020 Kimberly Hays, Tulsa Douglas L. Jackson, Enid OBA Women in Law panelist meeting; 4 p.m.; Oklahoma Bar Center, O. Chris Meyers II, Lawton Oklahoma City; Contact Kim Hays 918-592-2800 or Susan Bussey D. Scott pappas, Stillwater 405-525-9144 Nancy S. parrott, Oklahoma City Bret A. Smith, Muskogee 20 OBA Civil Procedure and Evidence Code meeting; 3:30 p.m.; Richard D. Stevens, Norman Oklahoma Bar Center, Oklahoma City and OSU Tulsa, Tulsa; Contact Linda S. Thomas, Bartlesville James Milton 918-594-0523 Joseph M. Vorndran, Shawnee, Chairperson, OBA/Young Lawyers Division 22 Oklahoma Bar Foundation Trustee meeting; 8:30 a.m.; Oklahoma Bar Center, Oklahoma City; Contact Nancy Norsworthy 405-416-7070 BAR CENTER STAFF John Morris williams, Executive Director; OBA Work/Life Balance Committee meeting; 12 p.m; Oklahoma Bar Gina L. Hendryx, General Counsel; Jim Calloway, Center, Oklahoma City with teleconference; Contact Sara Schumacher Director of Management Assistance Program; 405-752-5565 Craig D. Combs, Director of Administration; Susan Damron Krug, Director of Educational OBA Professionalism Committee meeting; 3:30 p.m.; Oklahoma Bar Programs; Beverly petry Lewis, Administrator Center, Oklahoma City with teleconference; Contact Judge Richard Woolery MCLE Commission; Carol A. Manning, Director 918-227-4080 of Communications; Travis pickens, Ethics Counsel; Robbin watson, Director of Information Technology; 23 OBA Professional Responsibility Commission meeting; 9:30 a.m.; Jane McConnell, Coordinator Law-related Education; Oklahoma Bar Center, Oklahoma City; Contact Dieadra Goss 405-416-7063 Loraine Dillinder Farabow, Tommy Humphries, Tina Izadi, Katherine Ogden, Steve Sullins, OBA Section Leaders Council meeting; 12 p.m.; Oklahoma Bar Center, Assistant General Counsels; Tommy Butler, Tanner Oklahoma City and OSU Tulsa, Tulsa; Contact Roy Tucker 918-684-6276 Condley, Sharon Orth, Dorothy walos and Krystal willis, Investigators 26 OBA Juvenile Law Section and CLE Subcommittee joint meeting; Manni Arzola, Jarrod Houston Beckstrom, 3 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Contact Debbie Brink, Emily Buchanan, Susan Carey, Tsinena Thompson 405-232-4453 Johnny Marie Floyd, Matt Gayle, Dieadra Goss, Brandon Haynie, Suzi Hendrix, Misty Hill, Debra 28 OBA Women in Law Committee meeting; 4 p.m.; Oklahoma Bar Jenkins, Durrel Lattimore, Heidi McComb, Renee Center, Oklahoma City; Contact Kim Hays 918-592-2800 or Susan Bussey Montgomery, wanda Reece-Murray, Larry Quinn, 405-525-9144 Lori Rasmussen, Tracy Sanders, Mark Schneide- went, Jan Thompson, Laura willis & Roberta Yarbrough SEPTEMBER 2013 EDITORIAL BOARD Editor in Chief, John Morris williams, News 2 OBA Closed – Labor Day observed & Layout Editor, Carol A. Manning, Editor, 5 OBA Government and Administrative Law Section meeting; 4 p.m.; Melissa DeLacerda, Stillwater, Associate Editors: Dietmar K. Caudle, Lawton; Emily Duensing, Oklahoma Bar Center, Oklahoma City with teleconference; Contact Gary Payne Tulsa; pandee Ramirez, Okmulgee; Mark Ramsey, 405-297-2413 Claremore; Judge Megan Simpson, Buffalo; Joseph M. Vorndran, Shawnee; Judge Allen J. For more events go to www.okbar.org/calendar welch, Oklahoma City; January windrix, poteau The Oklahoma Bar Association’s official website: NOTICE of change of address (which must be www.okbar.org in writing and signed by the OBA member), THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar undeliverable copies, orders for subscriptions Association. All rights reserved. Copyright© 20082013 Oklahoma Bar Association. or ads, news stories, articles and all mail items The design of the scales and the “Oklahoma Bar Association” encircling the should be sent to the Oklahoma Bar Association, scales are trademarks of the Oklahoma Bar Association. Legal articles carried p.O. Box 53036, Oklahoma City, OK 73152-3036. in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. Oklahoma Bar Association 405-416-7000 THE OKLAHOMA BAR JOURNAL (ISSN 0030-1655) IS pUBLISHED THREE TIMES Toll Free 800-522-8065 FAx 405-416-7001 A MONTH IN january, February, MARCH, ApRIL, May, AUGUST, SEpTEM- Continuing Legal Education 405-416-7006 BER, October, NOVEMBER AND DECEMBER AND bimonthly IN JUNE AND Ethics Counsel 405-416-7055 July. BYBY THETHE OOKLAHOMA BBAR AAssociation,, 19011901 N. LINCOLN Boulevard, General Counsel 405-416-7007 OKLAHOMA CITY, OKLAHOMA 73105. pERIODICALS postage pAID at OKLA- Law-related Education 405-416-7005 HOMA CITY, OK. pOSTMASTER: SEND ADDRESS CHANGES to THE OKLAHOMA Lawyers Helping Lawyers 800-364-7886 BAR ASSOCIATION, p.O. BOx 53036, OKLAHOMA CITY, OK 73152-3036. SUBSCRIp- Mgmt. Assistance program 405-416-7008 TIONS ARE $60$55 pER YEAR ExCEpT FOR LAw STUDENTS REGISTERED wITH THE Mandatory CLE 405-416-7009 OKLAHOMA BAR Association, wHO may SUBSCRIBE FOR $25.
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