Case law

Dar v. Olivares

956 F. Supp. 2d 1287 · District Court, N.D. Oklahoma · Jul 25, 2013

In order to qualify for naturalization, a person must meet certain residency requirements and establish that “[he] has been and still is a person of good moral character, attached to the principles of the Constitution of … Cyr that the amended definition of ‘aggravated felony’ clearly applied retroactively.”).

In Re Hight's Guardianship

194 Okla. 214 · Supreme Court of Oklahoma · Mar 21, 1944

She does not argue that Elnora Hight was unfit to be appointed, but contends that she is disqualified from acting as such guardian by reason of the fact that she is the duly qualified and acting administratrix of the estate … 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 parent and that the welfare of the child requires it.

Smith v. Bowling

District Court, N.D. Oklahoma · Feb 7, 2025

to qualified immunity. … “Under the qualified immunity doctrine, ‘government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established [federal

Griffin v. Mullinix

68 O.B.A.J. 3102 · Supreme Court of Oklahoma · Sep 30, 1997

Section 414 clearly shows the legislature’s intent to enforce the provisions of the Occupational Safety & Health Standards Act only against the public employer, except in the most extreme circumstances when the private workplace … Dep’t of Transp., 1980 OK 145 , 618 P.2d 397, 398 (This Court said that any changes in the public policy of governmental immunity would need to come from the legislature and not the Court.); State ex rel.

Opinion No. (1991) Ag

Oklahoma Attorney General Reports · Jul 12, 1991

(B) TO ENABLE THE STATE TO ATTRACT AND RETAIN QUALIFIED EMPLOYEES BY PROVIDING HEALTH, DENTAL AND LIFE INSURANCE BENEFITS SIMILAR TO THOSE COMMONLY PROVIDED IN PRIVATE INDUSTRY; (E) TO RECOGNIZE LONG AND FAITHFUL SERVICE … ARE ESTABLISHED BY THE BOARD.

Trower v. Wetmore

123 Okla. 81 · Supreme Court of Oklahoma · Sep 21, 1926

Gottman was established. … . *84 For the reasons herein stated, the order and decree of the trial court are clearly against the weight of the evidence and contrary to law.

Neidy v. City of Chickasha

188 P.3d 128 · Supreme Court of Oklahoma · Jun 24, 2008

On 21 November 2005 the Chic-kasha City Council passed Ordinance No.2005-17 which established a tax increment financing district (TIF).Within the city the TIF was established under the provisions of the Local Development … The November 2005 election fails to qualify as a general election.

State Ex Rel. Otjen v. Mayhue

476 P.2d 317 · Supreme Court of Oklahoma · Nov 3, 1970

Action upon a rejected claim to establish money demand against the estate must be brought in the county of probate. … Application of the rule is qualified by the prerequisite — an action rightly brought. This statute was involved in earlier decisions of McClung v. Cullison, 15 Okl. 402 , 82 P. 499 ; Brocker, Admr. v.

Cope v. Braden

11 Okla. 291 · Supreme Court of Oklahoma · Sep 5, 1901

We think that this contention is clearly untenable. … These decisions were clearly incompetent, and the court,' therefore, properly sustained the plaintiff’s objections thereto.

Oklahoma Electric Cooperative, Inc. v. Oklahoma Gas & Electric Co.

70 O.B.A.J. 1366 · Supreme Court of Oklahoma · Apr 27, 1999

The exact line of demarcation between franchises and licenses may not be clearly drawn, but their general characters and limits are so well known and so clearly established that it is not difficult to assign many rights granted … A process should be established whereby all retail consumers are permitted to choose their retail electric energy suppliers by July 1, 2002. Id. at § 190.4.

Gardner v. School Dist. No. 87, Kay County

34 Okla. 716 · Supreme Court of Oklahoma · Aug 20, 1912

In Endlich on the Interpretation of Statutes, sec. 216, it is said: “Hence, if there are two acts, or two provisions in the'same act, of which one is special and particular, and clearly includes the matter in controversy, … The considerations already stated are sufficient to establish beyond a reasonable doubt, that the special act was not intended to be repealed by the taking' effect of the Revised Statutes.”

Opinion No. 92-605 (1992)

Oklahoma Attorney General Reports · May 28, 1992

CLEARLY, A CONSTITUTIONAL PROBLEM EXISTS UNLESS THE ISSUING AGENCY HAS OTHER "CASH ON HAND" TO COVER THE AMOUNT OF THE WARRANTS BETWEEN THE DATE THE WARRANTS ARE ISSUED AND DELIVERED AND THE DATE THE OFFSETTING DEPOSIT OF … DEPEND UPON THE FACTS AND CIRCUMSTANCES OF EACH CASE; NEVERTHELESS, THE AUTHORITIES REVIEWED ABOVE ESTABLISH CERTAIN MINIMAL REQUIREMENTS.

Carter v. State

376 P.2d 351 · Court of Criminal Appeals of Oklahoma · Nov 14, 1962

Dickinson was not qualified to testify to the conclusions sought to be established. Counsel for defendant stated that the plea was not insanity but one of behavioral condition. … Relevancy is the tendency of evidence to establish a proposition which it is offered to prove.”

Pearson v. Yoder Et Ux.

39 Okla. 105 · Supreme Court of Oklahoma · Aug 6, 1913

(Defendant objects, as the witness has not shown himself qualified to testify..) *Q. Does that purport to be a certified copy. (Defendant objects.) A. It does not purport to be a certified copy. Q. … But the court held that the testimony clearly did not come within his privilege, and said that: “The only thing he was forbidden to disclose was the confidential communication.

Alexander v. Smith & Nephew, P.L.C.

90 F. Supp. 2d 1225 · District Court, N.D. Oklahoma · Mar 24, 2000

McKenzie does not qualify as an expert to testify as to the causation of Plaintiffs ailments. Dr. … There are two exceptions to the learned intermediary doctrine in Oklahoma — mass immunizations and situations where the FDA has mandated that warning be given directly to the consumer — neither of which is applicable here

Laws v. STATE EX REL. OKLAHOMA DHS

81 P.3d 78 · Court of Civil Appeals of Oklahoma · Aug 5, 2003

Finally, the record here shows that G.L., as a foster child, had qualified for DDSD services. ¶ 31 The second requirement dealing with foster parent(s) clearly restricts adoption subsidies to a special class of persons. … Any plan deemed appropriate as a prerequisite for those services either was, or could have been, established then. ¶ 36 Moreover, Laws had established her claim well prior to January 1, 2000.

SHELLEM v. GRUNEWELD

2023 OK 26 · Supreme Court of Oklahoma · Mar 28, 2023

"The right to injunctive relief must be established by clear and convincing evidence and the nature of the injury must not be nominal, theoretical, or speculative." … Rather, District asserts what determines whether a student should be temporarily quarantined is evidence of that student's heightened immunity to COVID-19.

Jones v. State

660 P.2d 634 · Court of Criminal Appeals of Oklahoma · Mar 3, 1983

The defendant argues that the doctor was not qualified to testify as an expert on prosthetic devices. … The State clearly proved all of the alleged aggravating circumstances.

Lemke v. State

56 Okla. Crim. 1 · Court of Criminal Appeals of Oklahoma · Apr 16, 1934

This, in connection with the fact that after the application was denied defendant announced ready for trial, shows clearly there was no abuse of discretion. … Under this assignment, complaint is also made that the court erred in permitting the witness Steinberg, qualified as a nonexpert, to testify in his opinion defendant was sane.

In Re Bledsoe

186 Okla. 264 · Supreme Court of Oklahoma · Nov 21, 1939

The establishment, in 1897, of a state board of bar examiners, in place of the county boards previously existing, is an example. … In the light of the authorities to which we have referred, which clearly represent the overwhelming weight of authority, the above-quoted legislative act cannot stand.