Case law

In Re Pipkin's Estate

348 P.2d 330 · Supreme Court of Oklahoma · Dec 22, 1959

While the right to submit cases such as the instant case to a jury is established by 58 O.S. 1951 § 735, the verdict of the jury is merely advisory and the court must ultimately determine all questions of fact as well as … The judgment appealed from is not clearly against the weight of the evidence and for said reason will be permitted to stand. Affirmed. WILLIAMS, V.C.J., and WELCH, HALLEY, BLACKBIRD, JACKSON and IRWIN, JJ., concur.

In Re Cella

128 B.R. 574 · United States Bankruptcy Court, W.D. Oklahoma · Jul 2, 1991

It is apparent to the Court that § 1(A)(20) is intended to apply only to retirement funds, and that the reference therein to “annuities” refers to annuities established as a part of a retirement program. … The Compensation Award clearly does not constitute an “annuity” of any type.

Jones v. Lee Way Motor Freight, Inc.

300 F. Supp. 653 · District Court, W.D. Oklahoma · Jun 23, 1969

contend that such failure to hire negroes in an all white department is a discriminatory employment practice as to Plaintiffs and those similarly situated. 2 However, the hiring of negroes for a particular job category is clearly … Defendant states that it has been able to employ two negro Over-the-Boad Drivers, has diligently tried but without success to find qualified negroes to operate Over-the-Boad equipment despite advertising and participation

Quinn v. State

55 Okla. Crim. 116 · Court of Criminal Appeals of Oklahoma · Sep 22, 1933

This principle has been applied in the following instances: Where defendant’s guilt was clearly established by the evidence; where the verdict shows that the improper remarks had no effect; where no other verdict could have … Defendant’s guilt was clearly established by the evidence and no' other verdict than the one found could honestly have been returned. The remarks complained of were not on a material point or issue in the case.

Glasco v. STATE EX REL. OKLAHOMA DOC

188 P.3d 177 · Supreme Court of Oklahoma · Jul 7, 2008

FACTS AND PROCEDURAL BACKGROUND ¶ 2 The evidentiary material in the appellate record establishes the following undisputed facts. … For instance, § 152.1 waives governmental immunity only in the manner provided in the GTCA and § 154 restricts and limits governmental liability.

Helm v. State Election Board

589 P.2d 224 · Supreme Court of Oklahoma · Jan 8, 1979

We conclude that Helm has established the burden of proof she assumed under 26 O.S.1974 Supp., § 8-120, supra. … For those counties which employ paper ballots, the legislature by enacting 26 O.S.Supp.1978, § 7-127 1 has clearly established the rules which govern the counting and recounting of votes.

BRAITSCH v. CITY OF TULSA

436 P.3d 14 · Supreme Court of Oklahoma · Dec 18, 2018

Braitsch has not established her right to substantive due process was violated by the provisions of 85A O.S. § 89. B. … However, determining what enumerated subject was violated is immaterial because Braitsch cannot establish 85A O.S. § 89 is a special law. ¶ 10 In order to have a special law you need to first establish a class of similarly

Allen v. Reed

10 Okla. 105 · Supreme Court of Oklahoma · Mar 23, 1900

what precedes it, unless it clearly appears to have been intended to apply to some other matters. … These various provisions then clearly establish the fact that when congress enacts any law which it intends to be of a temporary character, it expressly so states in the act itself.

R & R Engineering Co. v. Board of Review OESC, Oklahoma Employment Security Commission

322 P.3d 471 · Court of Civil Appeals of Oklahoma · Feb 14, 2014

Employer specifically submits its evidence clearly established Claimant resigned without good cause and his voluntary resignation disqualified him from receiving benefits pursuant to § 2-404. ¶ 10 Commission counters if an … However, no prejudice would have resulted if the Commission had accepted Employer’s response as timely and sufficient to qualify Employer as an “interested party.”

VANDELAY ENTERTAINMENT, LLC v. FALLIN

2014 OK 109 · Supreme Court of Oklahoma · Dec 16, 2014

Id. ¶22 A qualified privilege is also one in which the burden falls upon the government entity asserting the privilege. Id. at 1053. … Constitution, I write separately to specify the nature of the privilege and to more clearly highlight its boundaries.

IN THE MATTER OF J.W.E.

419 P.3d 374 · Court of Civil Appeals of Oklahoma · Mar 15, 2018

She stated that she is "becoming an established member because in order for [the children] to become members [she has] to be an established member." … She also testified that she is an established member of the Choctaw Nation, which would qualify the children for membership in the Choctaw Nation.

Opinion No. (1999)

Oklahoma Attorney General Reports · Mar 19, 1999

The situation presented by Congress' intent to establish a nationwide policy for interstate horserace wagering is similar in nature to Congress' establishment of a nationwide policy in the Safe Drinking Water Act, which, … A contrary conclusion, as the Court held, would thwart the national policy by creating vacuums of authority in the Act's application: As indicated above, the SDWA clearly establishes national policy with respect to clean

Kolaski v. State

253 P.3d 1007 · Court of Civil Appeals of Oklahoma · Apr 15, 2011

For example, the Legislature has provided for expungement of an arrest record if an accused is acquitted, or factual innocence is established by DNA, or the crime was committed by another person who stole the accused's identity … Clearly, such dismissals would relate to the merits as opposed to only a procedural issue, i.e., witnesses could not be located, or failed to appear, or evidence suppressed due to a bad search.

Gilio v. State Ex Rel. Oklahoma State Bureau of Investigation

72 O.B.A.J. 3100 · Court of Civil Appeals of Oklahoma · Feb 20, 2001

, 1987 OK 64, ¶ 4 , 741 P.2d 449, 452 . 114 It is clear that while there is no absolute right to carry a loaded, concealed firearm at all times in all places, our courts and legislature have chosen to allow an otherwise qualified … Rather, the facts in this case establish that Permit Holder failed to identify the fact that he was in actual possession of a concealed firearm, but did not establish whether Permit Holder was acting "pursuant to the authority

HNATH v. Hereford

757 F. Supp. 2d 1130 · District Court, N.D. Oklahoma · Dec 2, 2010

This statute, though, applies only to a defendant’s general or perhaps to an unspecified appearance, not to one that is explicitly qualified. … If the defendant shall have been summoned or shall have appeared to the action, and the plaintiff shall have established an indebtedness on the account sued on, but shall have failed to establish the lien claimed, the judgment

Byers v. State

78 Okla. Crim. 267 · Court of Criminal Appeals of Oklahoma · Mar 22, 1944

One of the witnesses for the state qualified as a handwriting expert and he stated that it was his opinion that the name J. P. … However, since this evidence was merely cumulative and concerned a matter which had been clearly established, we cannot see how the defendant has been prejudiced by its admission.

Rodgers v. Crow

District Court, N.D. Oklahoma · Apr 1, 2020

established Federal law,” 28 U.S.C. § 2254(d)(1), (2) “involved an unreasonable application of clearly established Federal law,” id., or (3) “was based on an unreasonable determination of the facts in light of the evidence … Washington, 466 U.S. 668 (1984), as the clearly established federal law governing petitioner’s ineffective-assistance-of-counsel claim and the OCCA’s application of Strickland was objectively reasonable.

Rich v. Moore

District Court, N.D. Oklahoma · Oct 29, 2020

they did not violate his clearly established constitutional rights. … Significantly, while “individual officers may receive the protection of qualified immunity, ‘municipalities enjoy no such shield.’” Myers v. Okla. Cty. Bd. of Cty.

Opinion No. 75-161 (1975) Ag

Oklahoma Attorney General Reports · Oct 21, 1975

Under both Section 8 and Section 12 of the Oklahoma Enabling Act, grants are made by the United States to the State of Oklahoma for the use and benefit of the "Colored Agricultural and Normal University," which was established … addition, following the grants in Section 8, it is expressly provided that the beneficiary educational institutions shall remain under the exclusive control of the State, and the express language of this section and Section 12 clearly

Walters v. State ex rel. Oklahoma Tax Commission

68 O.B.A.J. 1196 · Court of Civil Appeals of Oklahoma · Aug 23, 1996

Constitution, but they have failed to establish the necessary factual predicate to assert such a claim, because their out-of-state income is not being taxed. … The bill does not offend the privileges and immunities clause of the U.S. Constitution, Art. IV, § 2, cl. 1, by taxing the property of persons who are not represented in the Legislature.