The information contained in this report is provided in compliance with the Oklahoma Open Records Act, 51 O.S. 24A.1. Use of this information is governed by this act, as well as other applicable state and federal laws.
IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA
| VICTOR MANUEL CASTRO-HUERTA, aka Victor Castro Appellant, v. STATE OF OKLAHOMA, Appellee, |
No. F-2017-1203 (Felony) Filed: 11/30/2017 Closed: 02/02/2023 Appealed from: TULSA County District Court |
Parties
CASTRO-HUERTA, VICTOR MANUEL,
Appellant
STATE OF OKLAHOMA,
Appellee
Attorneys
| Attorney | Represented Parties |
|---|---|
| Attorney General Of Oklahoma 313 NE 21st Street ******Interagency Mail***** |
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| Brandt, Nicollette (Bar #30996) OIDS 111 N. Peters Norman, OK 73069 |
CASTRO-HUERTA VICTOR MANUEL |
| Bundy, Aaron D. (Bar #21118) 1630 S. Main Tulsa, OK 74119 |
CASTRO-HUERTA VICTOR MANUEL |
| Danner, Cindy |
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| Egan, Kathleen Marie (Bar #32154) LAW OFFICE OF AARON D BUNDY PLC 2509 E 21STREET TULSA, OK 74114 |
CASTRO-HUERTA VICTOR MANUEL |
| Johnson, Chad (Bar #32432) OIDS 111 N. PETERS AVE., STE 100 NORMAN, OK 73069 |
CASTRO-HUERTA VICTOR MANUEL |
| Joseph, Danny (Bar #32812) 111 N. Peters Ave. NORMAN, OK 73069 |
CASTRO-HUERTA VICTOR MANUEL |
| Nimmo, Chrissi Renae (Bar #22248) DEPUTY ATTORNEY GENERAL P.O. BOX 1533 TALEQUAH, OK 74464 |
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| Qualls, Paiten (Bar #33285) CHEROKEE NATION P.O. BOX 1533 TAHLEQUAH, OK 74465 |
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| Rivas, Lorena (Bar #31203) 2417 E ADMIRAL BLVD TULSA, OK 74110 |
CASTRO-HUERTA VICTOR MANUEL |
| Tulsa County District Attorney 500 S Denver Ave W#900 Tulsa, OK 74103 |
STATE OF OKLAHOMA |
Events
None
Lower Court Counts and Other Information
| Count | Case Number | Statute | Crime | Sentence | Judge | Reporter |
|---|---|---|---|---|---|---|
| - | CF-2015-6478 | - | LaFortune, William D. | Harrington, Jana M | ||
| - | - |
Docket
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DATE OF ORDER APPEALED |
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ISSUE CERTIFICATE OF APPEAL |
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FELONY INITIAL FILING |
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RECEIPT # 70968 ON 11/30/2017. |
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JE; ORDER, LUMPKIN PJ; COPIES TO HON. WILLIAM D. LAFORTUNE, DIST COURT CLERK AND ATTORNEYS; ORDER DIRECTING CLERK OF THIS COURT TO ISSUE NOTICE TO TRANSMIT APPEAL RECORD. ACCORDINGLY, AS THE APPEAL RECORD APPEARS TO BE SUFFICIENTLY COMPLETE, THE CLERK OF THIS COURT IS DIRECTED TO ISSUE THE NOTICE TO TRANSMIT. |
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3 VOL. ORIGINAL RECORD - 482 PAGES; 1 EXHIBIT ENVELOPE (COPY TO AG) |
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TRANSCRIPT - 11/29/17 - 16 PAGES; ATTACHED EXHIBIT (COPYT O AG) |
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TRANSCRIPT - 7/13/17 - 42 PAGES (COPY TO AG) |
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TRANSCRIPT - 4/25/16 - 102 PAGES (COPY TO AG) |
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TRANSCRIPT - 4/4/17 - 24 PAGES (COPY TO AG) |
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TRANSCRIPT - 3/2/17 - 44 PAGES (COPY TO AG) |
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TRANSCRIPT - 8/11/17 - 26 PAGES (COPY TO AG) |
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TRANSCRIPT - 4/13/16 - 81 PAGES; ATTACHED EXHIBIT (COPY TO AG) |
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TRANSCRIPT - 6/29/16 - 9 PAGES (COPY TO AG) |
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4 VOL. TRANSCRIPT - 10/2/17 THROUGH 10/6/17 - 818 PAGES (COPY TO AG) |
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APLEES REQUEST FOR ENLARGEMENT OF TIME Document Available at Court Clerk's Office |
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RECORD TO COURT |
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CAUSE SUBMITTED TO COURT |
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JE: ORDER; LEWIS PJ, KUEHN VPJ, LUMPKIN J, HUDSON J, ROWLAND J; COPIES TO HON. TRACY PRIDDY, DIST COURT CLERK AND ATTORNEYS; ORDER REMANDING FOR EVIDENTIARY HEARING; APLNTS CLAIM RAISES TWO SEPARATE QUESTIONS: WE THERFORE REMAND THIS CASE TO THE DIST COURT OF TULSA COUNTY, FOR AN EVIDENTIARY HEARING TO BE HELD WITHIN 60 DAYS FROM THE DATE OF THIS ORDER. THE HEARING SHALL BE TRANSCRIBED, AND THE COURT REPORTER SHALL FILE AN ORIGINAL AND (2) CERTIFIED COPIES OF THE TRANSCRIPT WITH IN (20) DAYS AFTER THE HEARING IS COMPLETED. THE DIST COURT SHALL THEN MAKE WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW, TO BE SUBMITTED TO THIS COURT WITHIN (20) DAYS AFTER THE FILING OF THE TRANSCRIPTS IN THE DIST COURT. THE DIST COURT SHALL TRANSMIT THE RECORD OF THE EVIDENTIARY HEARING, THE DIST COURT FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND ANY OTHER MATERIALS MADE A PART OF THE RECORD, TO THE CLERK OF THIS COURT, AND COUNSEL FOR APLNT, WITHIN (5) DAYS AFTER THE DIST COURT HAS FILED ITS FINDINGS OF FACT AND CONCLUSIONS OF LAW. UPON RECEIPT THEREOF, THE CLERK OF THIS COURT SHALL PROMPTLY DELIVER A COPY OF THAT RECORD TO THE AG. A SUPPLEMENTAL BRIEF, ADDRESSING ONLY THOSE ISSUES PERTINENT TO THE EVIDENTIARY HEARING AND LIMITED TO (20) PAGES IN LENGTH, MAY BE FILED BY EITHER PARTY WITHIN (20) DAYS AFTER THE DISTRICT COURT'S WRITTEN FINDINGS OF FACT AND CONCULIONS OF LAW ARE FILED IN THIS COURT. IT IS FURTHER ORDERED THAT THE CLERK OF THIS COURT SHALL TRANSMIT COPIES OF THE FOLLOWING WITH THIS ORDER; APLNTS BRIEF IN CHIEF FILED ON 08/02/2018 AND APLEES ANSWER BRIEF FILED ON 11/30/2018 |
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TRANSCRIPT - 10/15/20 - 12 PAGES |
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COPY OF TRANSCRIPT - 10/15/20 - 12 PAGES (AG COPY) |
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JE: OPINION ~~~~~ J&S VACATED. THE MATTER IS REMANDED WITH INSTRUCTIONS TO DISMISS ~~~~~ ROWLAND VPJ; CONCUR: KUEHN PJ, LEWIS J; CONCUR IN RESULTS: LUMPKIN J, HUDSON J; COPIES TO AG, HON. WILLIAM D. LAFORTUNE, DIST COURT CLERK, AARON BUNDY, KATHLEEN EGAN, LORENA RIVAS, OIDS, DA TULSA,CHRISSI NIMMO, PAITEN QUALLS, PRESS, OPD, TPD, NOT FOR PUB |
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VACATED AND REMANDED WITH INSTRUCTIONS TO DISMISS (OPINION) |
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JE: ORDER; KUEHN PJ, ROWLAND VPJ, LUMPKIN J, LEWIS J, HUDSON J; COPIES TO HON. WILLIAM LAFORTUNE, DIST COURT CLERK AND ATTORNEYS; ORDER STAYING ISSUANCE OF MANDATE; FOR GOOD CAUSE SHOWN, APPELLEE'S REQUEST IS GRANTED. THE COURT HEREBY STAYS THE ISSUEANCE OF THE MANDATE IN THIS MATTER UNTIL 06/01/2021. MANDATE WILL AUTOMATICALLY ISSUE ON 06/01/2021 |
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JE: ORDER; KUEHN PJ, ROWLAND VPJ, LUMPKIN J, LEWIS J, HUDSON J; COPIES TO HON. WILLIAM LAFORTUNE, DIST COURT CLERK AND ATTORNEYS; ORDER STAYING ISSUANCE OF MANDATE INDEFINELY; PURSUANT TO THE USSC GRANTING THE STAY IN OKLAHOMA V. BOSSE, THE MANDATE IN THE ABOVE STYLED CASE IS HEREBY STAYED INDEFINITELY |
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JE: ORDER; ROWLAND PJ, HUDSON VPJ, LUMPKIN J, LEWIS J; COPIES TO HON. BRET SMITH, DIST COURT CLERK AND ATTORNEYS; ORDER LIFTING INDEFINITE STAY AND DIRECTIN ISSUANCE OF MANDATE; IN LIGHT OF THE DISMISSAL OF THE LITIGATION IN BOSSE AND THIS COURT'S DECISION IN ROTH V. STATE, 2021 OK CR 27, REJECTING ONCE AGAIN THE STATE'S CONCURRENT JURISDICTION ARGUMENT, THE STAY PREVIOUSLY ENTERED IN THIS MATTER IS LIFTED AND THE MANDATE SHALL ISSUE UPON THE ISSUANCE OF THIS ORDER. |
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RECORD RETURNED TO DISTRICT COURT |
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LETTER FROM USSC- RE: WRIT OF CERTIORARI IS GRANTED LIMITED TO QUESTION 1 PRESENTED BY THE PETITION. THE CASE SET FOR ARUMENT IN THE 04/2022 ARGUMENT SESSION. PETITIONER'S BRIEF ON THE MERITS IS TO BE FILED ON OR BEFORE 02/28/2022. RESPONDENT'S BRIEF ON THE MERITS IS TO BE FILED ON OR BEFORE 03/28/2022. THE REPLY BRIEF IS TO BE FILED IN ACCORDANCE WITH RULE 25.3 |
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PORTIONS OF THE RECORD(FILINGS) MAILED TO UNITED STATES SUPREME COURT |
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SUPPLEMENTAL BRIEF OF APPELLANT - TENDERED FOR FILING |
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JE: ORDER; ROWLAND PJ, HUDSON VPJ, LUMPKIN J, LEWIS J(CONCUR IN RESULTS), MUSSEMAN J; COPIES TO AG, HON. WILLIAM D. LAFORTUNE, DIST COURT CLERK, AARON BUNDY, KATHLEEN EGAN, LORENA RIVAS, OIDS, DA TULSA, CHRISSI NIMMO, PAITEN QUALLS, OPD, TPD; ORDER VACATING AND SETTING ASIDE PREVIOUS OPINION AND WITHDRAWING MANDATE AND UNPUBLISHED OPINION; BASED ON THE USSC DECISION IN OKLAHOMA V. CASTRO-HUERTA, THIS COURT'S PREVIOUS OPINION, VACATING APLNTS CONVICTION AND REMANDING THE MATTER TO THE DIST COURT WITH INSTRUCTION TO DISMISS, IS HEREBY VACATED AND SET ASIDE. THE MANDATE PREVIOUSLY ISSUED 09/21/2021 IS WITHDRAWN. THE OPINION 04/29/2021(UNPUBLISHED) IS WITHDRAWN AND THE J&S OF THE DIST COURT IS REINSTATED. THE COURT WILL ISSUE A SEPARATE DECISION ADDRESSING UNRESOLVED ISSUES AT A LATER TIME. |
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RECORD FORWARDED BY US SUPREME COURT (5 VOL. O.R. - 796 PAGES ,13 VOL. TRANSCRIPTS, AND 1 EXHIBIT ENVELOPE) |
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1 SEALED JURY QUESTIONNAIRES***NOT PREVIOUSLY SUBMITTED BY DISTRICT COURT*** |
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RECORD TO COURT |
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1 EXHIBIT ENVELOPE (EXHIBIT #22) ***ADDED ENTRY*** |
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EXHIBIT #22 TO COURT***ADDED ENTRY*** |
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JE: SUMMARY OPINION ~~~~~ SUPPLEMENTAL BRIEF TENDERED FOR FILING 7-19-2022 IS GRANTED FOR FILING/JUDGMENT AND SENTENCE IS AFFIRMED ~~~~~ ROWLAND PJ, CONCUR: HUDSON VPJ, CONCUR IN RESULTS: LUMPKIN J, CONCUR: LEWIS J, MUSSEMAN J; COPIES TO HON. WILLIAM D. LAFORTUNE, DIST COURT CLERK, AARON BUNDY, KATHLEEN EGAN, LORENA RIVAS, DA TULSA, OIDS, AG, TPD, OPD, PAITEN QUALLS CHEROKEE NATION, CHRISSI NIMMO, PRESS; NOT FOR PUB |
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AFFIRMED (SUMMARY OPINION) |
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RECORD RETURNED TO DISTRICT COURT |