405-778-4800
Criminal Attorney Oklahoma Defense Lawyer Adam R. Banner OKLAHOMA CRIMINAL DEFENSE ATTORNEY AT LAW

Woman Convicted in High Rise Death Plans Appeal

25-Mar-2013

Last week a Tulsa County jury convicted Amber Hilberling, 23, of second degree murder for pushing her husband out of the window of their 25th floor apartment. Earlier in the month, Hilberling rejected a plea deal that would have sentenced her to five years in prison; after her conviction, the jury recommended a sentence of 25 years. Amber Hilberling's sentencing is scheduled for April 23, but her criminal defense attorneys have already said they will appeal the conviction.

On June 11, 2011, Amber Hilberling, 21 years old and 7 months pregnant, pushed her husband, 23-year-old Josh Hilberling, through the window of their 25th floor Tulsa apartment, sending him to his death 17 stories below on an 8th story parking garage. Though Amber Hilberling was initially charged with first degree murder, the charge was later amended to second degree murder. The prosecution did not argue that she intended to kill her husband; the defense did not deny that she pushed him. Rather, the case hinged upon whether or not the action which led to Josh's death was legal. The prosecution claimed that Amber pushed her husband out of anger and pointed to a history of domestic violence. The defense agreed that their was domestic violence in the home but argued that Josh was the aggressor and Amber pushed him in self defense.

According to the district attorneys prosecuting the case, there was no sign of a struggle to support self-defense claims. The defense countered with photographs of fingerprint bruising and scratches to Amber Hilberling's shoulders.

Tulsa County District Judge Kurt Glassco warned jurors to prepare for a night of long deliberations, but the jury returned a verdict after only three hours. Though prosecutors also filed an alternate charge of first degree manslaughter, jurors found Amber Hilberling guilty of second degree murder, the more serious charge.

Amber Hilberling's defense attorneys have already begun planning the appeal.

Grounds for appealing a conviction before the Oklahoma Court of Criminal Appeals may include:

  • Legal Errors
  • Prosecutorial Misconduct
  • Juror Misconduct
  • New Evidence
  • Ineffective Assistance of Counsel

A criminal appeal may be handled by the original defense lawyer, or a defendant may wish to hire a new attorney. Obviously, if the grounds for appeal is ineffective assistance of counsel, a new appellate lawyer is warranted; however, in any case, a defendant may wish to have his or her appeal represented by an attorney with a fresh outlook on the case. If you have been wrongfully convicted or unfairly sentenced, it is important to contact an Oklahoma criminal appeals lawyer quickly--you have only a limited time to file your notice of appeal. Click here to find out more and to submit a confidential case review form.



All News

More News

New Oklahoma Liquor Laws to Take Effect in October

14-Jun-2018

It's summertime in Oklahoma. The temperatures are soaring and peop..

Charges Dismissed After Linebacker's Ex-Girlfriend Admits to Lying About Abuse

23-May-2018

San Francisco 49ers linebacker Reuben Foster will be able to rejoi..

Oklahoma Man Convicted of Cyberstalking in Federal Court

02-May-2018

A 46-year old Crescent man was convicted in federal court last wee..

Oklahoma Legislators Continue to Eye Criminal Justice Reform

22-Apr-2018

With Oklahoma prisons overcrowded, and with the state at the top o..

Oklahoma Soon to Lead the Nation in Incarceration Rate

02-Apr-2018

As Oklahoma teachers descend upon the state Capitol this week to p..

Domestic Call Ends in Multiple Charges for Man Accused in Standoff

19-Mar-2018

Nicoma Park police and Oklahoma County sheriff's deputies respondi..

Fallin Green Lights Deal for Criminal Justice Reform Laws

07-Mar-2018

Since last year, several criminal justice reform bills have been o..

Law Enforcement as First Responders in Mental Health Crisis

26-Feb-2018

On December 14, 2012, 20-year-old Adam Lanza murdered his mother b..

Weatherford Resident with al Quaeda Ties Attended Chickasha Flight School

12-Feb-2018

A Saudi national living in Weatherford was indicted last week on c..

Actor Awaiting Child Porn Sentencing Found Dead

31-Jan-2018

Former "Glee" actor Mark Salling, who was awaiting sentencing on c..

×