Oral Argument

I’m just a plainspoken Colorado criminal defense lawyer, but the way I see it…

Oklahoma, where the wind comes sweepin’ down the aisles of that state’s Court of Criminal Appeals.

There are attorneys who will swear that the judge who presided over their case was an idiot. But, five idiots in one courtroom? What are the chances?

Yet all five appeals court judges signed their agreement late last month that while it may be bad manners, it is not a crime for a man to stick his penis in the mouth of a woman “so intoxicated as to be completely unconscious at the time of the sexual act of oral copulation.”

While I don’t often find myself on the same side of the podium, I’m having a hard time working up a disagreement with prosecutors who described the decision using words like insane, dangerous, and offensive.

The embarrassed state legislature is rushing to plug the hole of the unconscious court’s embarrassing interpretation of what constitutes force.

Sooner the better.