Case law

Opinion No. (2009)

Oklahoma Attorney General Reports · Jul 31, 2009

The second amendment repealed Article VII, and replaced it with a new Article VII, establishing the "Judicial Department." 1 Specifically, Section 3 of Article VII-B establishes "as a part of the Judicial Department a Judicial … Id. 3 The Court of Civil Appeals was established in 1968. 1968 Okla. Sess.

Bird Construction Co. v. Oklahoma City Housing Authority

76 O.B.A.J. 750 · Court of Civil Appeals of Oklahoma · Sep 7, 2004

This, however, did not qualify as an action to recover for labor or services. … This governmental immunity offends neither Oklahoma’s constitution nor the United States Constitution. Griggs v. State ex rel. Okla.

STATE v. BRADLEY STATE v. BRODIE

434 P.3d 5 · Court of Criminal Appeals of Oklahoma · Nov 15, 2018

The magistrate must consider the proof established by the State in light of the statutory elements of the given offense. … If the elements of the crime are not proven, then the fact of the commission of a crime cannot be said to have been established.

Clinton v. State Ex Rel. Logan County Election Board

72 O.B.A.J. 1933 · Supreme Court of Oklahoma · Jun 26, 2001

Second, plaintiff must establish he or she is an at-will employee and the reason for his or her discharge violates the identified Oklahoma public policy goal. … Const. 19 The States are entirely free to protect the right of expression with greater solicitude and within a wider dimensional range of immunity than the shield available under the U.S.

FARLEY v. CITY OF CLAREMORE

465 P.3d 1213 · Supreme Court of Oklahoma · May 5, 2020

defenses is raised in this appeal. 43 An appellee may raise a legal issue in support of the correctness of the trial court's judgment and the relief actually granted when the issue is supported by the record on appeal. 44 Clearly … City of Moore , 1990 OK CIV APP 76 , 802 P.2d 1292, 1293 (notice and filing provisions of Oklahoma Governmental Tort Claims Act are essential to the establishment to a cause of action and absent compliance therewith sovereign

Riles v. Oklahoma Attorney General's Office

District Court, W.D. Oklahoma · Aug 20, 2024

The Tenth Circuit has not addressed whether the board qualifies as an arm of the State of Oklahoma, and no “judicially noticeable evidence clearly resolves [the] entity’s arm-of-state status and entitlement to sovereign … immunity.”

Allen v. Trimmer, County Treasurer

45 Okla. 83 · Supreme Court of Oklahoma · Nov 17, 1914

This allotment to the freedmen is, however, qualified by the further provision that the lands so allotted shall be held and used by the freedmen until their rights under the treaty shall be determined, in such manner as shall … Clearly the extent of this proposed allotment to the freedmen was only the right to hold and use 40 acres of land dependent upon the future action of Congress.

Coker v. Brown

206 Okla. 88 · Supreme Court of Oklahoma · Feb 26, 1952

Looney’s testimony on' this ground or in fact on • any other ground, except that he had not known' the testatrix for.a. sufficient length-'of time -to qualify .him to testify ■■ as - to, her mental competency, and a'further … court was not clearly against the weight of the evidence, but is amply supported thereby.

Opinion No. (1986)

Oklahoma Attorney General Reports · Apr 14, 1986

A municipality may establish such license requirements as it deems appropriate in the exercise of its police power and may provide that each applicant supply his state sales tax identification number or proof of exemption … pertinent language in 68 O.S. 2702 reads: "[T]he Oklahoma Tax Commission and the governing body of any incorporated city or town may enter into contractual agreements whereby the municipality would be authorized to furnish qualified

Jarboe v. United States Small Business Administration (In Re Hancock)

137 B.R. 835 · United States Bankruptcy Court, N.D. Oklahoma · Mar 9, 1992

A decision balancing the equities must await the exposure of a concrete situation with all its qualifying incidents ... … Here, the parties do not clearly stipulate to the manner in which the transaction at issue was accomplished.

Roquemore v. State

513 P.2d 1318 · Court of Criminal Appeals of Oklahoma · Aug 27, 1973

And, when it clearly appears that the questions asked create prejudice in the minds of the jury, the limits of proper cross-examination have been exceeded. See: Davis v. … In the instant case, Oscar Fortune, Jr. was being granted immunity in exchange for his serving as an informer.

State Ex Rel. Fulton v. State Election Board

168 Okla. 446 · Supreme Court of Oklahoma · Jun 6, 1934

District, 22 Okla. 435 , 98 P. 557 , wherein it was held: “Section 57, art. 5 (Bunn’s Ed. p. 130), of the Constitution of this state, ordaining that ‘every act of the Legislature shall embrace but one subject, which shall be clearly … Therefore, we hold that the relator failed to sustain the burden resting upon him to establish a clear right to the writ of mandamus.

Grose v. Romero

200 Okla. 330 · Supreme Court of Oklahoma · May 18, 1948

In Re Guardianship of Hight, 194 Okla. 214 , 148 P. 2d 475 , we said: “We are committed to the rule that in order to deprive a parent of the custody of a minor child, the evidence must clearly establish the unfitness of the … established that she was unfit, or that the change of custody was inimical to the welfare of the minors.

Wheat v. State Ex Rel. Tulsa County District Attorney

241 P.3d 1150 · Court of Civil Appeals of Oklahoma · Jun 30, 2010

. ¶3 Wheat asserted she had been replaced "by a less qualified younger male," and attempted to pursue a tort claim for age discrimination under the Oklahoma Governmental Tort Claims Act (GTCA). … Wheat's employment status is clearly different than that of the plaintiff in Dixon, who was hired one semester at a time, and, thus, was not an at-will employee. 6 Wheat was clearly hired for an indefinite period, and was

Gaines v. Union Central Life Ins. Co.

191 Okla. 246 · Supreme Court of Oklahoma · Sep 15, 1942

And, by reason of plaintiff’s verified denial that he executed the note and endorsed the check, the burden was on defendant to establish the signatures as those of the plaintiff. 12 O. S. 1941 §286; Rapp v. … We cannot say that its judgment was clearly against the weight of the evidence. This is an action of purely equitable cognizance.

Harris v. State

15 Okla. Crim. 369 · Court of Criminal Appeals of Oklahoma · Jan 11, 1919

Nelson, the duly qualified and acting county attorney, in and for McCurtain county, state of Oklahoma, and gives the district court of McCurtain county, state of Oklahoma, to know and be informed that Sam Harris did in McCurtain … It is the opinion of this court that the evidence, both on behalf of the state and that of the defendant, if it established the guilt of the defendant of any crime, showed that the crime committed was assault and battery,

Koontz v. State

10 Okla. Crim. 553 · Court of Criminal Appeals of Oklahoma · Apr 7, 1914

If he would not be qualified as a juror because of actual or implied bias, as defined by sections 5858 and 5859 (Rev. … proof of one tends to establish the other, or to connect the defendant with the .commission of the crime charged.

Cornwell

District Court, N.D. Oklahoma · Jun 5, 2026

Qualified immunity The defendants contend that they are entitled to qualified immunity. Dkt. # 21, at 6-9. … Because Jackson fails to state a valid claim against either defendant, in their individual capacity, the Court will not address the issue of qualified immunity. VII.

Plater v. Topping

District Court, W.D. Oklahoma · Aug 19, 2024

He claims his PTSD symptoms were exacerbated by Defendant Rowley’s refusal to move him 3 In his Motion, Defendant Rowley failed to argue that he is entitled to qualified immunity because Plaintiff’s right was not clearly … Oct. 13, 2021) (“[B]ecause the CDOC Defendants do not argue that this right was not clearly established at the time of the alleged violation, the court declines to address this prong of the qualified-immunity analysis.”

State Ex Rel. Evertson v. Cornett

391 P.2d 277 · Supreme Court of Oklahoma · Apr 7, 1964

He offered to submit to such a test himself and asked the court to order the wife to submit herself and the child to the tests, at the hands of a qualified expert to be appointed by the court, such test to be made “in the … Witnesses, Sec. 45) unless immunity from prosecution is extended under Article 2, Sec. 27, Oklahoma Constitution.