Case law

OKLAHOMA STATE MEDICAL ASSOCIATION v. CORBETT

489 P.3d 1005 · Supreme Court of Oklahoma · Jun 1, 2021

Rather, art. 6, §8 clearly requires the Governor to act as may be prescribed by law. Any authority the Governor might have concerning gaming compacts, must be expressly prescribed by the Legislature. … The application made pursuant to this subsection shall be designed to qualify for federal funding primarily on a prepaid capitated basis.

Higgins v. Oklahoma National Bank & Trust Co. of Chickasha

64 O.B.A.J. 1737 · Supreme Court of Oklahoma · May 25, 1993

“The word ‘undue’ when used to qualify ‘influence’ has the legal meaning of ‘wrongful’ so that ‘undue influence’ means a wrongful influence, but influence acquired through affection is not wrongful.” … The answer is clearly no. Ms. Raffoul’s testimony shows that Miss Webb flatly, although courteously, refused to take Ms. Raffoul’s advice concerning Higgins. Miss Webb had been so firm in declining Ms.

State Ex Rel. Oklahoma Bar Ass'n v. Mothershed

264 P.3d 1197 · Supreme Court of Oklahoma · Oct 18, 2011

Amend. 5, Equal Protection Clause, and the "Privileges and Immunities Clause" of that Constitution to practice law in Arizona, (4) laches barred allegations of his unprofessional conduct in 1998, (5) all of the orders entered … A Hohfeldian plaintiff seeks to adjudicate a claimed right, privilege, immunity, or power with respect to another party. State ex rel. Macy v.

Matter of DDF

801 P.2d 703 · Supreme Court of Oklahoma · Sep 18, 1990

However, it is equally well established that this right can be surrendered by voluntary consent or waiver. Id.; Seymour v. Swart, 695 P.2d 509, 511 (Okla. 1985). On November 13, 1987, Mr. … County Election Bd., 326 P.2d 782 (Okla. 1958), we were called upon to consider whether 19 O.S. 1951 , § 132, which requires *708 county officers to be qualified voters, and Art.

Ross v. Kelsey Hayes, Inc.

62 O.B.A.J. 2428 · Supreme Court of Oklahoma · Jul 30, 1991

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor … Board of Com'rs of Tulsa County, 185 Okl. 111 , 90 P.2d 442, 443 (1939) (the court's syllabus ¶ 3) ("special laws ... create preference and establish inequality"). [25] Supra note 21. [26] Maule v.

Price v. Reed

725 P.2d 1254 · Supreme Court of Oklahoma · Jul 24, 1986

automatic barrier to the imposition of both a criminal and a civil sanction for the same act or omission. 13 Double jeopardy would be invoca-ble here only if [1] the driver’s license revocation sanction were intended and did qualify … Neville, 459 U.S. 553, 559 , 103 S.Ct. 916, 920 , 74 L.Ed.2d 748 [1983], the Court noted that Schmerber, supra, clearly allows a state to force a person who is suspected of driving while intoxicated to submit to a blood-alcohol

Corbyn v. Oklahoma City

197 Okla. 483 · Supreme Court of Oklahoma · Mar 5, 1946

While such a grant has been designated as a qualified or determinable fee, it is a substantial thing, capable of reverting without exercise of grantor’s right of re-entry upon declaration of a forfeiture. … Either may fail the state and national purpose, “to establish justice”, “to secure just and rightful government”.

Thompson v. Hill

48 Okla. 304 · Supreme Court of Oklahoma · Jun 22, 1915

“And she further established, that at no time had she ever parted with her right to the improvements to the same, and she further established that she owned the land and the fencing thereon at the time the Commissioner permitted … In support of this doctrine, counsel cite the following cases, which we find to be clearly in point: Leak v. Joslin, 20 Okla. 220 , 94 Pac. 518 ; Brooks v.

In Re Initiative Petition No. 315, State Question No. 553

649 P.2d 545 · Supreme Court of Oklahoma · May 20, 1982

GRANTING THE COMMISSION FULL REGULATORY AUTHORITY OVER HORSE RACING WHERE PARI-MUTUEL WAGERING IS CONDUCTED AND PARI-MUTUEL WAGERING THEREON; PROVIDING FOR LICENSING OF RACE TRACKS WHERE PARI-MUTUEL WAGERING IS CONDUCTED; ESTABLISHING … Circulation clearly does begin with, is triggered by, and continues to run from, the date of the petition's pre-circulation filing.

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. WARD

353 P.3d 509 · Supreme Court of Oklahoma · Jun 23, 2015

treatment in pending or potential criminal cases in exchange for testimony in this case and any and all consideration or promises of consideration given to any witness by the State or its attorney, including but not limited to immunity … Pippin in the murder created a serious risk with respect to his client's involvement. 59 $50 Our record clearly reveals that appellate counsel for Mr.

Christian v. Gray

65 P.3d 591 · Supreme Court of Oklahoma · Feb 24, 2003

“An abused judicial discretion is manifested when discretion is exercised to an end or purpose not justified by, and clearly against, reason and evidence. … such testimony, to establish the cause with reasonable certainty). 14 .

IMMEL v. TULSA PUBLIC FACILITIES AUTHORITY

490 P.3d 135 · Supreme Court of Oklahoma · Jun 22, 2021

To establish standing a person must possess "a legally protected interest." Id. … The TPFA and the City unquestionably have the burden of establishing abandonment.

St. Louis S. F. R. Co. v. Bilby

35 Okla. 589 · Supreme Court of Oklahoma · Mar 11, 1913

To give such emphasis to the words 'any loss or damage’ would be to ignore the qualifying words ‘caused by it.’ … Objection sustained, to which ruling of the court the defendant excepts.)” *608 The witness was introduced on the part of the defendant (plaintiff in error) ; and, the question clearly being leading, it was within the discretion

Stanolind Oil & Gas Co. v. Jamison

204 Okla. 93 · Supreme Court of Oklahoma · Aug 1, 1950

Instead of having herself substituted she perfected the appointment of the administrator sa that he was then qualified to act as her representative. … An authority clearly in point and holding in accord with these views is P. J. Willis & Bro. v. Pinkard (Tex. Civ. App.) 52 S. W. 626 .

State Ex Rel. Attorney General v. Owens

125 Okla. 66 · Supreme Court of Oklahoma · May 24, 1927

“The statute clearly authorizes, as did the common law, courts to punish summarily, as contempts, acts calculated to obstruct their business. … Such is the established mode of procedure. The writer is of the view that the Supreme Court cannot ex-elude a member from sitting.

Phebus v. Vinson

64 Okla. 241 · Supreme Court of Oklahoma · Jul 10, 1917

Immediately thereafter said Fisher qualified and entered upon the discharge of his duties as administrator. … Barnett, of Shawnee, was by the county court appointed administrator of the -estate with the will annexed, and duly qualified on November 20, 1914. On January 2, 1915, J.

De Graffenreid v. Iowa Land & Trust Co.

20 Okla. 687 · Supreme Court of Oklahoma · Apr 13, 1908

The court in that case held that he was “not an heir at law” of his wife, that such “must necessarily be a bona fide citizen entitled to all the rights, privileges, and immunities of our body politic,” and that “no citizen … , her surviving, the remaining one-half, unless the last remaining contention of the Iowa Land & Trust Company can be maintained, and, that is, that Ben Reeves, by murdering his wife, Castella Brown, was precluded from “qualifying

In Re Adoption of Gdj

261 P.3d 1159 · Supreme Court of Oklahoma · Sep 20, 2011

regular contact with the child through frequent and regular visitation or frequent and regular communication to or with the minor child, and further that she has not exercised her parental rights and responsibilities are clearly … No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence, beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued

MATHIS v. KERR

551 P.3d 880 · Supreme Court of Oklahoma · Jun 25, 2024

Should the Legislature wish to remove claims brought under 85A O.S. § 7 from binding arbitration agreements, it has the power to do so by clearly and unambiguously stating such intention, and the statutory language discussed … Public Health and Safety Cite Name Level 63 O.S. 1 -1939, Liability to Residents - Injunctive and Declaratory Relief - Damages - Waiver of Rights - Jury Trial - Retaliation Against Residents - Immunity - Report of Abuse or

State ex rel. Oklahoma Bar Ass'n v. Haave

290 P.3d 747 · Supreme Court of Oklahoma · Nov 6, 2012

Groshon, 2003 OK 112 , 82 P.3d 99 [The record established that the female client hired the attorney to handle her divorce action. … His procedures for monitoring unfiled cases were clearly inadequate.] State ex rel. Oklahoma Bar Ass'n v.