Opinion

Steed v. Bain-Holloway

  • 356 P.3d 62
  • 2015 OK CIV APP 68
  • 2015 Okla. Civ. App. LEXIS 63
  • 2015 WL 5104615
Court
Court of Civil Appeals of Oklahoma
Filed
Jul 31, 2015
Status
Published
Author
Bell
On the bench
Bell, Buettner, Goree
Cited by
4 cases
Authority
More cited than 23.2%

stating that enactment of the Model Drug Dealer Liability Act is “ ‘a matter for the legislative body and not the courts’ ” (quoting Case v. Fibreboard Corp., 743 P.2d 1062, 1067 (Okla. 1987))

How later courts described this case

  • stating that enactment of the Model Drug Dealer Liability Act is “ ‘a matter for the legislative body and not the courts’ ” (quoting Case v. Fibreboard Corp., 743 P.2d 1062, 1067 (Okla. 1987))

Written by the judges who cited it.

The opinion

BELL, J.,

dissenting with opinion.

1 26 The majority loges sight of the underlying principle that, because of the nature of the illicit drug trade, defendants brought into court under the Drug Dealer Liability Act are in the best position to supply exculpatory evidence, Such a shift of the burden of persuasion would most definitely violate the Due Process Clause in a criminal proceeding, but in a civil case the situation is less clear. The Supreme Court of the United States has confirmed the notion that statutory presumptions in civil proceedings receive less serutiny than statutory presumptions of eriminal proceedings. Feiock v. Feiock, 485 U.S. 624 , 108 8.Ct. 1423, 99 L.Ed.2d 721 (1988).

T27 The majority cites Case v. Fibreboard Corp., 1987 OK 79 , 743 P.2d 1062 , when analyzing market share liability,. I agree with a statement from that case, where "the creation of a program of compensation for victims ... as a matter of policy is a matter for the legislative body and not for the courts."

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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