Jay K. Ramey, Attorney at Law

I ❤️ you, Rick Hubbard, but I ❤️ ‘Merica more. 😢 So much for the SCOTUS ruling only applying to “major felonies”. 🤦🏼‍♂️ Anyone else looking at the defendant on this one and wondering what Black Lives Matter has to say about BLACK people facing gun charges in Tulsa (or east thereof)? MAJOR VICTORY IN TULSA COUNTY DISTRICT COURT (Sunday, I announced that I was staying off Facebook for one week. I am temporarily suspending that boycott to make this important announcement.) My client, Richard Hubbard, was arrested for legally carrying a firearm in a Broken Arrow park in April of 2019. The accusation was that he pointed the gun at someone--not true, and that claim was later retracted--and that he obstructed an officer when the police got there for not getting down on the ground fast enough. No case has been filed during all this time because the DA wanted to look at Mr Hubbard's cell phone video of the incident before making a filing decision. The police had a warrant for the phone, but they could not get in. So they got another warrant ordering Mr. Hubbard to give up the password. I filed a Motion to Quash that warrant based on 5th Amendment right to remain silent. The judge ruled against us and ordered Mr. Hubbard to provide the password. We appealed that decision to the Oklahoma Court of Criminal Appeals. The Court took over 6 months before ruling that because Mr. Hubbard did not have a case filed against him and/or had not been held in contempt for not providing the password, they were not going to making a ruling. We set the case for hearing today. The plan was to have the judge hold Mr. Hubbard in contempt, and then we would appeal again to the Oklahoma Court of Criminal Appeals. In the meantime, the United States Supreme Court issued its ruling in the McGirt case last week saying the Creek reservation had never been disestablished and that the courts of the State of Oklahoma had no jurisdiction to prosecute Indians for crimes occurring in Indian country. It just so happens that Mr. Hubbard is Choctaw. I filed a Motion to Quash the search warrant and to enjoin the State of Oklahoma from filing any case against Mr. Hubbard because the State of Oklahoma has no jurisdiction over him. Jurisdiction lies in Federal Court or Tribal Court. The DA agreed with my motion at court today. The warrant has been quashed and the State of Oklahoma will no longer be investigating or potentially filing a case. I have a couple of these McGirt motions pending and many more that I will be filing, but this is my first McGirt win. A major victory. (Feed generated with FetchRSS) July 22, 2020 at 03:58PM - E Pluribus OTAP

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