John Dunn
Tulsa -
918.526.8000

Mannford - 918.865.8030

 

Some have described me as “unwavering” when it comes to principles. Others say that I exhibit the trait of "loyalty to a fault" or that I am "utterly relentless” when pursuing an objective. As your attorney, I promise to be a loyal advocate and to be unwavering in the pursuit of your goals. I am a zealous advocate that does not shy away from conflict and litigation. I believe that the strongest weapon that an attorney can have is knowledge of his case. I will aggressively prepare your case for litigation while attempting to resolve the issues on favorable terms - a kind of "peace through strength" approach to the practice of law.

What do other lawyers say?

 "In this day of large law firms and multi-million dollar budgets for state and federal governments, don't ever forget that ONE dedicated and talented criminal defense lawyer took on the entire state of Oklahoma Department of Corrections, Attorney General's Office and beat the hell out of them.  Who says the days of the solo practitioner and Lone Wolf are gone?  Not me."   

 - Jack Dempsey Pointer     Former President of the Oklahoma Criminal Defense Lawyers Association

 

 

 

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TULSA APPELLATE ATTORNEY

An appeal is a legal proceeding that happens after a final judgment is made in the District Court.  It is available to  either party - the losing party may appeal in an attempt to overturn the trial court's decision and the prevailing party may appeal in an attempt to gain more relief than the court awarded.  Appellate practice is notably different than trial practice.  In many instances, it is a good idea to retain new counsel to handle the appeal, as the first step of an appeal is a critical review of the existing record.

 

Appeals are limited to the record as it exists.  Generally, speaking, neither party is permitted to introduce new evidence into the record that was not considered during the trial.  The reason for this rule flows directly from the dual role of the trial court - to determine the facts by evaluating the credibility of the evidence and apply those facts to the law.  The appellate court gives deference to the trial court as far as factual issues are concerned, but reserves the application of law to itself.

 

Therefore, representation in this area begins with the timely filing of a filing of a petition in error.  The appellate attorney then conducts a thorough review of the record - which requires the review of all transcripts, depositions and all evidence that have been introduced at the trial court.  A brief is prepared and submitted to the appellate court.  All issues to be considered must be raised in this brief or they are waived.  The appellate court then considers the briefs of all parties and determines if oral argument is required.  If so, oral argument is scheduled before the appellate court.  The appellate court then enters its decision. 

 

Before hiring an attorney, it is important to know if the attorney has had any success in the area.  A quick search of OSCN reveals Mr. Dunn's experience with the appellate courts.  Mr. Dunn has been to the appellate courts on numerous occasions, winning seven cases outright and having four published opinions, resulting in a pronouncement of law that can be used iby other attorneys in other cases.  In fact, other attorneys seek out Mr. Dunn to assist them with their cases on appeal. As a result of this record, John Dunn was awarded the 2013 OCDLA Thurgood Marshall Award for his outstanding appellate advocacy! 

 

When a client was arrested for Actual Physical Control while sitting in the passenger seat of a running motor vehicle.  The law at the time permitted the revocation of the client's driver's license.  While the criminal charge was dismissed, the Department of public Safety continued to pursue the client's driver's license.  The Department was successful at both the administrative court and the district court level.  However, John Dunn's firm successfully appealed a District Court's decision to take away his client's driver's license.  John Dunn and associate Stephanie Bush successfully convinced the Court of Civil Appeals that the crime of "Actual Physical Control" requires some intent to drive.

 

In Tulsa County, the district court dismissed a case before District Court Arraignment, finding that the witness that provided the evidence necessary for the examining magistrate was not credible.  The State appealed, arguing that credibility is an issue for the jury.  The attorney for the defendant asked for help.  John Dunn and MJ Denman successfully convinced the Oklahoma Court of Criminal Appeals that the State is required to establish the reliability of the evidence it offers at preliminary hearing in order to bind the Defendant over to district court.

 

John Dunn made law by successfully arguing that the Oklahoma Sex Offender Registration was so punitive that it could not be applied retroactively without violating the ex post facto clause of the Oklahoma constitution.  This opinion makes Oklahoma one of the few states that has found their law to be punitive. Since this opinion was released, it has been cited by other courts of the United States as a basis for limiting the unconstitutional application of these kinds of punitive statutes nationwide. Mr. Dunn has additionally prepared a "question and answer" page about this opinion and some subsequent decisions expanding on the Supreme Court's decision.

 

John Dunn successfully represented a client that had been defaulted by the District Court for failure to timely answer a Petition.  John Dunn successfully argued that his client had not received the notice required by law and that as a result, they were entitled to be heard.  Mr. Dunn will now get the opportunity to represent his client in litigation that they were previously denied.

 

John Dunn championed the cause of a single mother who had changed her mind about giving her child up for adoption.  The prospective adoptive parents pursued a guardianship in an effort to keep custody of the child - despite the fact that they were not qualified to be guardians under Oklahoma Law.  John Dunn and his associate Brian Melton rode to the rescue and took the matter to the Oklahoma Supreme Court.  The Court ordered that the out of state guardians be removed and awarded Natural mother her attorney fees.

 

Contact John Dunn to discuss your appellate case now.  

 

 

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The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.

 

 

If you are searching for a Tulsa criminal defense attorney, or Tulsa criminal attorney , you need to contact John Dunn.  His expertise as a Tulsa Oklahoma attorney  and determination to represent clients with the best of his ability requires Mr. Dunn spend a great amount of time with the potential client before they are even a client - before they have spent a single penny on their legal defense - reviewing their case and determining what kind of defense to put on.  Following the client interview, Mr. Dunn reviews the police reports and the state's evidence and explores each avenue that may afford a legal or factual defense for his client.

John has assisted his clients as a Tulsa DUI lawyer, If you are needing a Tulsa DUI attorney , please visit our FAQ section of DUI defense info. Please call our law office quickly to obtain the best defense as quickly as possible.

John Dunn is a Tulsa criminal lawyer. You can visit the firm's website at http://johndunnlaw.com

 

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