Volume 87 u No. 8 u March 12, 2016 ALSO INSIDE LIVE VIA Zephyr Teachout Associate Professor of Law, Fordham University CITIZENS UNITED: ARE AMERICA’S DEMOCRATIC TRADITIONS AT RISK OF CORRUPTION? A panel discussion moderated by OBA President Garvin Isaacs Including: Zephyr Teachout, Professor, Fordham Law School The Honorable Keith Rapp, Court of Civil Appeals The Honorable Roger Stuart, Oklahoma County District Court Renee DeMoss, GableGotwals, former OBA President, Tulsa Andrew C. Spiropoulos, Professor, Oklahoma City University School of Law Rick Tepker, Professor, University of Oklahoma School of Law APRIL 1, 2016, 9 A.M. - NOON Oklahoma City University School of Law, OKC 3/0 $120 for early-bird registrations received with payment at least four, full business days prior to the first seminar date; $135 for registrations received with payment within four, full busi- ness days of the first seminar date. Walk-in registration $150. To receive a $10 discount for the live onsite program. Includes continental breakfast. Registrants will also receive a copy of Zephyr Teachout’s book,Corrup- tion in America: From Benjamin Franklin’s Snuff Box to Citizens United. For more information go to: www.okbar.org/members/CLE 458 The Oklahoma Bar Journal Vol. 87 — No. 8 — 3/12/2016 Theme: Criminal Law pg. 525 Editor: Melissa DeLacerda Solo & Small Firm Conference contents March 12, 2016 • Vol. 87 • No. 8 DE PARTMENTS 460 From the President 523 Editorial Calendar 543 From the Executive Director 545 Ethics/Professional Responsibility 547 OBA Board of Governors Actions 549 Oklahoma Bar Foundation News 552 Young Lawyers Division 554 Calendar 556 For Your Information 559 Bench and Bar Briefs FEATURES 561 In Memoriam 564 What’s Online Case Comment: RODRIGUEZ V. UNITED 463 568 The Back Page STATES Clarifying Traffic Stops and CABALLES By Taos C. Smith 469 Self-Defense: Oklahoma Lays Some New Ground Rules (Sort Of) By James L. Hankins pg. 532 473 Investigative Detention: The Professional Warrantless Seizure of Citizens Responsibility By John P. Cannon Reports 481 The Death Penalty: BAZE, GLOSSIP and Beyond By Doris J. “Dorie” Astle 489 Search Warrants: Frequent Problems With Substance and Execution PLUS By Mark Yancey and Kate Holey 521 Legislative News 497 Jury Sentencing in Oklahoma By Luke Abel By Bryan Lester Dupler 525 Solo & Small Firm Conference 505 BRADY V. MARYLAND – The Path to By Jim Calloway Truth and Fairness By Jack Fisher 532 Professional Responsibility Commission 513 Hearsay and the Confrontation Clause: Annual Report The Apostle Paul, the American Professional Responsibility Tribunal Revolution and Today 540 Annual Report By David T. McKenzie and Megan L. Simpson Vol. 87 — No. 8 — 3/12/2016 The Oklahoma Bar Journal 459 FROM THE PRESIDENT The Jesse Owens Rule: Never Be Intimidated By Garvin A. Isaacs Where are we in history? In 2015, Oklahoma had more of the 1936 Olympics when black ath- than 900 earthquakes over the 3.0 scale. Seismologists from all lete Jesse Owens represented the across the United States agree the earthquakes are caused by injec- United States in one of the most dan- tion wells. Gov. Mary Fallin in her State of the State address did gerous Olympic competitions on this not mention the word earthquakes one single time. planet. Adolph Hitler and the Nazis thought they would Our Legislature offers no regulation on the rule the universe, and oil and gas industry that would limit the dis- the Germans and Nazis posal wells which cause the earthquakes. thought they were the What will we do as lawyers when our leg- It is time for all superior race on this islative and executive branches of the gov- of us as lawyers planet. ernment ignore the people? Jesse Owens won four Thinking about these issues my mind to stand up for gold medals — the 100 flashes back to my days as a basketball player meter, 200 meter, broad and being down on the court. Basketball people and the jump and 400-meter players learn that fear is good. Fear pre- judicial branch relay. No other athlete pares you for the competition. In any in history has ever done warm-up you feel the fear. I flash back to of government. that. warm-up music of Aretha Franklin, Buddy As I stood there with Holly, Chuck Berry, Archie Bell and the my teammates looking Drells and Hugh Masekela. at those track shoes, We learned on the court that it was okay to be afraid because Jesse Owens inspired me and taught when you are afraid more oxygen gets to the brain. You are me that it is okay to be afraid, but we focused. Your thought process is sharp and accurate. are not going to be intimidated in the real world as well as down on the Once the game starts, you enter a different world. In that world court. fear prepares you for the fight on the court that will go on for 40 minutes. From that INSPIRATION FOR TODAY’S experience we all learned it is okay to be CHALLENGES afraid, but we will not be intimidated by It is time for all of us as lawyers to anyone. stand up for people and the judicial I will never forget going to Ohio State branch of government. It is our oath University to play the Buckeyes during as attorneys to uphold public confi- my junior year. As the Texas Christian dence in the judicial system. University Horned Frogs got out of the Let us meet the standard that Jesse bus and entered the building about two Owens set when he represented us in hours before tipoff, we walked around the the 1936 Olympics in Berlin and won arena and saw inside a glass monument four gold medals at a time Adolph the shoes of one of the greatest athletes Hitler and the Nazis were on the who ever lived, Jesse Owens. President Isaacs verge of World War II. This is a Jesse practices in Oklahoma City. When I saw Owens’ track shoes, my Owens moment for us as lawyers. Let [email protected] mind flashed back to films that I had seen us meet the Jesse Owens standard. 405-232-2060 460 The Oklahoma Bar Journal Vol. 87 — No. 8 — 3/12/2016 THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Associa- tion. All rights reserved. Copyright© 2016 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, u u Board of Governors, Board of Editors or Volume 87 No. 8 March 12, 2016 staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or JOURNAL STAFF BOARD OF EDITORS implied by publication. Advertisers are solely JOHN MORRIS WILLIAMS MELISSA DELACERDA responsible for the content of their ads, and Editor-in-Chief Stillwater, Chair the OBA reserves the right to edit or reject [email protected] any advertising copy for any reason. LUKE ADAMS, Clinton Legal articles carried in THE OKLAHOMA CAROL A. MANNING, Editor RENÉE DEMOSS, Tulsa BAR JOURNAL are selected by the Board of [email protected] Editors. Information about submissions can PATRICIA A. FLANAGAN be found at www.okbar.org. LEMITCHEL KING Yukon BAR CENTER STAFF Communications Specialist AMANDA GRANT, Spiro John Morris Williams, Executive Director; [email protected] Gina L. Hendryx, General Counsel; Joe ERIN MEANS, Moore Balkenbush, Ethics Counsel; Jim Calloway, MACKENZIE MCDANIEL Director of Management Assistance Program; Advertising Manager SHANNON L. PRESCOTT Craig D. 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