Legal Question in Criminal Law in Oklahoma

Re: Speedy trial and Mistrials

You stated in your question that your brother's right to a speedy trial has been violated, but based on the information you provided, approximately 19 months passed from arrest to jury trial. A speedy trial violation has to be based upon more than just the length of time from arrest to conviction. Did the government request multiple continuances and did your brother, through his attorney, object on the record to those continuances? Did your brother, through his attorney, request any continuances? What were the specific reasons for the delay(s)? Those questions must be answered in order to address the speedy trial issue.

Regarding your question about evidence that was entered at trial, there is not any type of discovery motion that is filed to see what evidence was admitted at trial. All trial proceedings are transcribed by a court reporter (every single word) and any physical evidence that was admitted will be noted and recorded by the court reporter as well. The trial transcript will show what evidence was admitted against your brother. You can purchase a copy of the transcript but it will likely cost $3.50 per page, and there are probably 1,000 pages.

Regarding the rest of your questions, it sounds like a new attorney needs to be hired for your brother. You need to speak with an appellate lawyer and give him or her the specific details about the case. An appellate lawyer can tell you if the case has issues that can be the basis for an appeal. It is also my opinion that the lawyer who conducted the jury trial should not be the same lawyer who handles the appeal. There are exceptions to this, but generally, I think a fresh perspective for the appeal is best.