Cases
- Rape by Instrumentation — NOT GUILTY Jury Verdict After 38 Minutes of Deliberation
Mr. Banner represented a client charged with Rape by Instrumentation. At trial, in addition to presenting the allegations of the primary complaining witness, the prosecution introduced testimony from four additional propensity witnesses pursuant to 12 O.S. § 2413 as evidence of other alleged sexual misconduct. Despite the allegations of the primary complaining witness and the testimony of four additional propensity witnesses, Mr. Banner secured a complete acquittal for his client. Following the conclusion of the jury trial, the jury deliberated for only 38 minutes before returning a verdict of not guilty on the charge of Rape by Instrumentation.
- Lewd Acts with a Child, AFCF — Charge Dismissed During Jury Trial
Adam R. Banner represented a client charged with lewd acts involving a neighboring child after former conviction of a felony (AFCF). After Banner's cross-examination of the complaining witness, the judge dismissed the charge prior to the case being submitted to the jury based on the prosecution's failure to present sufficient evidence.
- Sexual Battery — Law Enforcement Officer Acquitted at Jury Trial
Adam R. Banner represented a law enforcement officer accused of sexually battering a civilian while on duty. Evidence showed that the officer encountered the accuser twice during the shift in question and did not activate his body-worn camera during either encounter. Following a nearly two-week jury trial, Banner's client was found not guilty.
- Two Counts of Lewd Acts to a Child Under 12 — Acquitted at Jury Trial
Adam R. Banner represented a client charged with two counts of lewd acts involving two girls who were his neighbors' children. Despite potentially incriminating statements made by the client to law enforcement, the case proceeded to jury trial. Banner's client was found not guilty on both counts involving both complaining witnesses.
- Lewd Acts with a Child Under 12 — Acquitted Despite Y-STR DNA Evidence
Adam R. Banner represented a client accused of sexually abusing his granddaughter. The prosecution's evidence included a Y-STR DNA profile consistent with the client's male lineage recovered from the child's vaginal area. Despite that evidence, Banner's client was found not guilty at jury trial.
- First-Degree Murder — Acquitted at Jury Trial
Adam R. Banner represented a client charged with first-degree murder based on allegations that he shot another man in the back and killed him. During an almost two-week jury trial, the client testified and admitted that he killed the decedent, disposed of the firearm in a lake, and did not contact law enforcement to report the shooting. Following trial, Banner's client was found not guilty of first-degree murde
- Five Counts of Sexual Battery — Charges Dismissed During Jury Trial
Adam R. Banner represented a client charged with five counts of sexual battery arising from allegations made by participants in a county drug-court program while the client worked as a contractor for the county agency. After one full day of jury trial, the prosecution moved to dismiss all five charges against Banner's client.
- First-Degree Rape — Acquitted Despite DNA and SANE Evidence
Adam R. Banner represented a client charged with first-degree rape based on allegations that he had sexual intercourse with an unconscious person at a party. The prosecution presented DNA evidence involving the client as well as evidence of vaginal injuries documented during a SANE examination. Following jury trial, Banner's client was found not guilty in less than thirty minutes of deliberation.
- Sexual Battery — Acquitted Despite DNA and SANE Evidence
Adam R. Banner represented a client charged with sexual battery based on allegations that he placed his penis on the face of an unconscious person at a party. The prosecution presented DNA evidence involving the client as well as evidence of vaginal injuries documented during a SANE examination. Following jury trial, Banner's client was found not guilty in less than thirty minutes of deliberation.
- First-Degree Murder Appeal — Conviction Reversed and Remanded for Dismissal
Adam R. Banner was retained to represent a client on appeal after the client had been convicted of first-degree murder while represented by another attorney at trial. Banner successfully challenged the conviction before the Oklahoma Court of Criminal Appeals, which reversed the murder conviction and remanded the case for dismissal of the charges.
- Rape in the Second Degree by Instrumentation — Acquitted at Jury Trial
Adam R. Banner represented a medical professional charged with rape in the second degree by instrumentation involving a senior-citizen patient. The prosecution's evidence included a purported video-recorded confession to law enforcement and secretly recorded statements made during a conversation with the complaining witness. Despite that evidence, Banner's client was found not guilty at jury trial.
- Sexual Battery — Acquitted Despite Recorded Statements
Adam R. Banner represented a medical professional charged with sexual battery involving a senior-citizen patient. The prosecution's evidence included a purported video-recorded confession to law enforcement and secretly recorded statements made during a conversation with the complaining witness. Despite that evidence, Banner's client was found not guilty of sexual battery at jury trial.
- First-Degree Rape — Youthful Offender Acquitted at Jury Trial
Adam R. Banner represented a youthful-offender client charged with first-degree rape based on allegations that he raped a fourteen-year-old by force or fear. Following jury trial, Banner's client was acquitted after approximately one hour of deliberations.
- Lewd or Indecent Proposals to a Child Under 16 on Recording — Acquitted at Jury Trial
Adam R. Banner represented a client charged with making lewd or indecent proposals for sexual acts to a twelve-year-old child. Despite security cameras recording Banner's client (an unknown stranger) interacting with the child on multiple occasions and the child running away, Banner's client was found not guilty after approximately thirty minutes of deliberations.
- Assault with a Dangerous Weapon — Acquitted at Jury Trial
Adam R. Banner represented a client accused of holding a knife to an eleven-year-old child's throat and threatening to kill her. Despite compelling testimony from the child, Banner's client was acquitted of the charge following jury trial.
- Indecent or Lewd Acts with a Child Under 16 — Acquitted at Jury Trial
Adam R. Banner represented a client accused of forcing a ten-year-old neighbor to view pornography. Despite corroboration, Banner's client was acquitted of the charge following jury trial.
- Oklahoma Computer Crimes Act — Acquitted Despite Signed Confession
Adam R. Banner represented a client charged under the Oklahoma Computer Crimes Act with obtaining money from Love's Travel Stops under false pretenses. The prosecution possessed a signed statement it characterized as a confession. Following jury trial, the jury deliberated for less than thirty minutes before finding Banner's client not guilty.
- Child Abuse by Injury — Acquitted at Jury Trial
Adam R. Banner represented a client charged with felony child abuse by injury involving a physically disabled teenage girl and facing the possibility of life imprisonment. Following a two-day jury trial, the jury deliberated for approximately one hour before finding Banner's client not guilty.
- Oklahoma Supreme Court — Sex Offender Law Victory Affirmed
Adam R. Banner challenged the application of Oklahoma's sex-offender laws on behalf of his clients in Oklahoma County District Court. After the district court ruled in the clients' favor, the State of Oklahoma appealed. Banner authored the appellate briefing, and the Oklahoma Supreme Court affirmed the clients' victory, substantially changing the scope and application of Oklahoma's Sex Offender Registry laws.
- First-Degree Rape Appeal — Conviction Reversed and Remanded for New Trial
Adam R. Banner was retained to represent a client on appeal after the client had been convicted of first-degree rape while represented by another attorney at trial. Banner successfully challenged the conviction before the Oklahoma Court of Criminal Appeals, which reversed the conviction and remanded the case for a new jury trial.
- Aggravated Possession of Child Pornography — Acquitted Despite Digital Evidence
Adam R. Banner represented a client charged with aggravated possession of child pornography after investigators reported finding more than 200 images and more than 50 videos of child pornography on the client's laptop hard drive. Despite that evidence, Banner's client was acquitted at jury trial.
- Lewd or Indecent Acts in the Presence of a Child — Acquitted at Jury Trial
Adam R. Banner's client was alleged to have committed criminal acts against a minor family member. Following jury trial, Banner's client was acquitted of lewd or indecent acts in the presence of a child.
- Seven Child Sex-Crime Counts — Acquitted at Jury Trial
Adam R. Banner represented a client facing multiple allegations of indecent or lewd acts with a child under 16 and making lewd or indecent proposals to a child under 12. The crimes were alleged by multiple granddaughters of Banner's client's then-girlfriend. Following jury trial, Banner's client was acquitted on five counts of lewd or indecent acts with a child under 16 and two counts of making lewd or indecent proposals to a child under 12.