Franklin Law Firm, P.C.

Franklin Law Firm, P.C. Founded in 2006. Premier Law Firm with emphasis in criminal defense, federal and state.


Breaking news: Thomas v Stitt, 20-CV-00944-D.
The 10th Circuit this morning released an unpublished opinion REVERSING a pro se defendant’s denial to proceed on his petition seeking relief to declare Oklahoma’s parole process for juvenile offenders sentenced to life unconstitutional. His claim (that the State of Oklahoma will now have to actually defend) is that Oklahoma, through the parole system, does not provide meaningful and realistic opportunity for release of juvenile offenders convicted of murder and sentenced to life.

This man was convicted for murder in 1997. He was 15. Despite his conduct in prison, he has never made it past a stage one jacket review.

Will keep you posted on any further developments!

If you are interested in reading his Complaint, or the 10th Circuit opinion, drop me an e-mail at [email protected] and I'd be happy to forward.


Tips I never thought I would have to post:

1. If you vandalize a neighborhood, don’t post selfies announcing, “Look what I did?” 🙄
2. If you are a serial burglar, don’t continue to burgle while you are on an ankle monitor. 🙄
3. If you’re going to storm the Capitol, don’t pose for pictures next to a guy wearing a Viking costume complete with horns while wearing your Employee ID. Your employer can and did fire you. 🙄

You’re welcome.


Feds Execute Brandon Bernard
Published on: Thursday, December 10, 2020
Brandon Bernard, a 40-year-old Black man sentenced to death at aged 18, was killed on Thursday by the federal government. He was pronounced dead at 9:27 p.m. and is the youngest person executed by the federal government in nearly 70 years and the ninth prisoner put to death since the current administration resumed ex*****ons in July following a 17-year hiatus (article available here (link is external)). With his last words, Bernard spoke to the family of the victims, "I'm sorry. That's the only words that I can say that completely capture how I feel now and how I felt that day."
The ex*****on came shortly after the Supreme Court denied Bernard's application for a stay of ex*****on. His attorneys sought to appeal his case based on allegations that prosecutors withheld evidence they said may have spared their client the death penalty.
Angela Moore, a former federal prosecutor involved in the case, also called for Bernard to be spared the death sentence and serve a sentence of life imprisonment (link is external). "Having learned so much since 2000 about the maturation of the human brain and having seen Brandon grow into a humble, remorseful adult fully capable of living peacefully in prison, how can we say he is among that tiny group of offenders who must be put to death?" She added, "I always took pride in representing the United States as a federal prosecutor, and I think executing Brandon would be a terrible stain on the nation's honor."
Five of the surviving nine jurors have called for the president to commute Bernard's death sentence (link is external).
Tens of thousands of other people have urged the president to grant Bernard clemency, including Senators Richard J Durbin and Cory Brooker (link is external).
On Thursday, attorneys Allen Dershowitz and Ken Starr also joined his defense team and submitted a petition with the Supreme Court requesting a delay in the ex*****on for two weeks. The Supreme Court denied the request.
Alfred Bourgeois, 56, is set to be executed Friday.
Defender Services Office Training Division


Fifty-six years ago, President John F. Kennedy signed into law the Criminal Justice Act (CJA), which for the first time assured professional legal counsel to represent people financially unable to retain counsel in federal criminal proceedings. Six years later in 1970, Congress established a full-time federal defender service within the judicial branch. Today, fifty years since the CJA was amended, there are 81 federal defender organizations. They employ more than 3,700 lawyers, investigators, paralegals, and support personnel and serve 91 of the 94 federal judicial districts. Together, federal defenders and over 12,000 private CJA panel attorneys represent the vast majority of the people prosecuted in our nation’s federal courts. Further, the CJA and related statutes created a right to appointed counsel in federal capital habeas proceedings for both state and federal prisoners, including the establishment of capital habeas units (CHU) and other resources, as well as training opportunities, available to attorneys appointed in capital habeas cases. Today, there are currently 21 CHUs in 14 states, many of them providing CHU access to outside districts.

It took more than 140 years for the Supreme Court to address the question of what happens when a defendant could not afford a lawyer. A 1932 case, Powell v. Alabama, involved nine Black teenagers accused of ra**ng white girls in Alabama. In just 12 days, they were charge and convicted, in trials each lasting just a few hours. Eight of the nine were sentenced to death, including a 13-year old. None had a lawyer until a few minutes before their trial began. In a 7-2 decision, the Supreme Court overturned the convictions and declared for the first time that effective court-appointed counsel is a constitutional right. Although limited to capital cases, the Court recognized that: “Even the intelligent and educated layman requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence.” Six years later, in Johnson v. Zerbst, the Court made appointed counsel a right in all federal criminal cases. Notwithstanding these important decisions, they provided no funding. Lawyers appointed by federal judges were not paid for time or expenses. Because of the countless advocates and people in this community, including our predecessors, who invested time and had the courage, and persistence to make the promise of the Sixth Amendment meet the practical reality of daily existence, the CJA passed. Under the CJA, federally appointed counsel are paid and reimbursed for reasonable expenses and have access to investigative and expert services. As the 2017 Report of the Ad Hoc Committee to Review the Criminal Justice Act (Rev. April 2018) suggests, there is much room for improvement. But because of your tireless work in pursuit of a better criminal justice system, we are much closer to meeting the promise of the Sixth Amendment than we were fifty years ago. The fight goes on.

Today, our clients are diverse and come from every part of the country and the world. The criminal charges are similarly diverse, including what many saw as traditional state court cases. In addition to household client names such as Ted Kaczynski, Timothy McVeigh, and Dzhokhar Tsarnaev, we represent everyone from those charged with regulatory crimes, tax, immigration, drug, firearm, fraud and racketeering offenses, to those barely able to understand their legal predicament or assist in their defense. Our cases involve the land, including those involving federal land and Indian Nations, air, and sea.

Despite the lopsided funding when compared to the prosecution, plus a couple of other benefits like charging decisions that trigger harsh mandatory minimums, laws that empower them to coerce pleas and unfettered access to an army of people with guns, shields, drones, stingray, warrantless cell site location data, other metadata and countless resources, the courts find us to be the best legal teams. We are a nation of overwhelming criminalization with an incarceration rate dwarfing all others. But this community realizes that everyone in this country is a mere unlucky step away from arrest and prosecution.

Franklin W. Draper


“The Fourth Amendment protects citizens from unreasonable seizures by law enforcement. If an inquisitive agent approaches someone who does not want to respond, all the person must do is say so.” US vs Martinez 10th Circuit, 11-19-2019.

2019 OCBA Golf Tournament this fall.  Over 50 golfers and one woman participating—that would be me!    Enjoyed the day w...

2019 OCBA Golf Tournament this fall. Over 50 golfers and one woman participating—that would be me! Enjoyed the day with fellow defense attorneys and somehow we managed to place⛳️


Yesterday was release day! In 2009, Client was given a sentence of 24 years in federal prison, which at his age was effectively a life sentence. The sentence was affirmed by the 10th Circuit Court of Appeals in 2011, but in January of this year, the District Court in the Northern District granted his pro se 2255 motion where he alleged ineffective assistance of trial counsel. I was the newly assigned attorney for the resentencing and based on the sentencing error, his new sentencing guidelines were calculated to be 262-327 months (21-27 years)----still an effective life sentence. I was thinking, well, this is utterly pointless for this 69 year old man!

Well, thankfully, I was absolutely wrong. I found error after error in the new sentence calculation, and I objected, objected, and objected some more. The newly assigned probation officer agreed with all but one of my objections and determined the corrected sentencing guideline to be 97-121 months-----basically a difference of twelve years! By the sentencing date yesterday, Client had served 103 months and 23 days, and that is exactly what the Court gave him! Last night he was released directly from jail without even going back to the federal facility.

Sometimes there really isn't anything that can be done. But never give up. There is always hope, and there is a time and a reason things happen they way they do.

I truly love my profession and I appreciate the opportunities I'm given every day to help people and families when the time is right.


There truly isn't anything better than to see a former client happy, healthy, and on wonderful path for their life. You know who you are💕.


Franklin Law Firm, P.C.


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A friend of a relative has me saved just in case.


When you can't make them see the light, make them feel the heat. -Ronald Reagan


Congratulations to Tony Lacey of the Western District's Federal Defender's office- his Motion to Suppress (after a warrant was issued) was granted. The Court found the officer misled the judge that issued the warrant (in many respects). We all need to insure that our Constitutional rights are upheld and that lying law enforcement officers are held fully accountable for their actions. Less than termination for dishonesty is condoning such behavior. Our system of justice demands honesty by law enforcement!


How would you feel about the Rule of Law if you knew your opposing litigate had given a sizable campaign contribution to the judge hearing the case? The proposed election of appellate judges in Oklahoma will only denigrate our system of justice.


A doormat everyone should have.


So relieved to see that Amanda Knox's conviction has been overturned (once again!) Learning about Italy's system and the struggles she has had makes me appreciate our criminal justice system even more!


Great success in federal court yesterday! The probation officer had suggested an upward departure, but the Court granted my Motion for a Downward Variance.


Merry Christmas! Everyone please have a safe and happy holiday season.


The Way You Do Anything Is The Way You Do Everything


Today I am thankful for all of the ladies and gentlemen through the years I have had the honor to defend. I am so blessed to have the daily opportunity to be a defender of our great constitution.


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This is an example of what to NOT wear to court


My State Senator David Holt has a bill pending SB 1513 which would amend the Open Records Act to make law enforcement dash cam videos public records. Is there anyone out there that doesn't think this is a great idea? Now, if we could only get OCPD to put them in their cars in the first place......


It's concerning that police officers can make a minor arrest for the purposes of doing a fishing expedition of a cell phone. There should be a rule requiring them to get a warrant, but the Supreme Court has not yet made that determination. Keep your cell phone locked to try to keep your privacy in the meantime!


620 N Robinson Suite 203
Oklahoma City, OK

Opening Hours

Monday 8:30am - 5pm
Tuesday 8:30am - 5pm
Wednesday 8:30am - 5pm
Thursday 8:30am - 5pm
Friday 8:30am - 5pm


(405) 239-2454


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