Case law

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.

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.

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.

SAUNDERS v. SMOTHERS

454 P.3d 746 · Supreme Court of Oklahoma · Sep 10, 2019

Tenant argued that the teachings of Miller clearly impose a duty on the Landlord to maintain a functioning hot water heater, especially in light of the regulatory requirements. … We unequivocally disavowed this inequitable and archaic doctrine which previously immunized residential landlords from tort liability to tenants.

Oklahoma Employers Safety Group v. Colbert Nursing Home, Inc.

954 P.2d 120 · Supreme Court of Oklahoma · Jul 8, 1997

When it passed § 149.1.C the Legislature established a policy that such employers have no rights under state securities law. … Houser , and Miller also involved breaches by parties who, by those breaches, had clearly hurt their opponents in the litigation.

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.

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.

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

Nova Health Systems v. Edmondson

373 F. Supp. 2d 1234 · District Court, N.D. Oklahoma · Jun 10, 2005

“Because it constitutes drastic relief to be provided with caution, a preliminary injunction should be granted only in cases where the necessity for it is clearly established.” Goldammer v. … Therefore, clearly the Act is in the public interest.

Henson v. How Foundation-State Insurance Fund

69 O.B.A.J. 4072 · Supreme Court of Oklahoma · Nov 24, 1998

Therefore, Akins could not qualify for coverage under the Act. … Supp.1997 § 3 clearly exempts the work Henson did from coverage under the Workers’ Compensation Act.

State Ex Rel. Edwards v. Millar

21 Okla. 448 · Supreme Court of Oklahoma · Jun 23, 1908

On the other hand, there might be, as in this case, a plant already established with its mains laid and connections established, and the city, to avoid tearing up its highways and to avoid competition, might desire to buy … to raise money, might desire to extend and improve that plant; and when, as in this case, the proposition• is plainly put before the voters to buy the old plant and make it available for all purposes, we think it falls clearly

Haggard v. Studie

610 P.2d 1228 · Court of Civil Appeals of Oklahoma · Apr 8, 1980

The Act of April 12, 1926, 44 Stat. 239 , firmly established that fact. This Act was interpreted in Wolfe v. … A quiet title action is of equitable cognizance and will not be reversed on appeal unless clearly against the weight of the evidence. Olsen v. Jones, Okl., 412 P.2d 162, 167 . We affirm the trial court’s findings.

Leftwich v. Alcorn

262 P.3d 770 · Court of Criminal Appeals of Oklahoma · Oct 13, 2011

Const. .... provides at least as much protection as the immunity granted by the comparable provisions of the Federal Constitution"); Howard, 1977 OK 68 , ¶¶ 5-16, 570 P.2d 42, 43-47 (construing Oklahoma's Article V, § 22 … Thus, the Constitution and statutes of this State have clearly established this Court as the court of last resort in criminal cases. .

Tynes v. Uniroyal Tire Co.

679 P.2d 1310 · Court of Civil Appeals of Oklahoma · Apr 24, 1984

The burden is upon the claimant to show she qualifies for unemployment compensation, Blankenship v. Board of Review, Okl. Emp. Sec. … The transcript of the hearing clearly reveals the referee was only concerned with whether Tynes was aware of IJniroyal’s policy and whether she had been tardy or left early in excess of that allowed.

Yingling v. Redwine

12 Okla. 64 · Supreme Court of Oklahoma · Jul 18, 1902

By section 12, -chapter 8, Session Laws 189'7, it is provided: “Every instrument purporting to be an absolute or qualified conveyance of real estate or any interest therein, but intended to be defeasible, or as security for … The evidence in this case clearly established the fact that Eedwine executed the deed to Yingling and conveyed to him the real estate as security for the payment of an indebtedness previously incurred.

Oklahoma Chapter of the American Academy of Pediatrics v. Fogarty

366 F. Supp. 2d 1050 · District Court, N.D. Oklahoma · Mar 22, 2005

Title XIX established a joint, cooperative federal-state program for furnishing and financing health care and services to individuals who qualify for cash or welfare assistance. Tr. Vol. IX, at 1126: 5-10. … In addition, immunizations are to be given in accordance with the schedule established by the Advisory Committee on Immunization Practices for pediatric vaccines. 42 U.S.C. § 1396d(r)(l)(A)(i); State Medicaid Manual, Pl.Ex

Riggle v. State

585 P.2d 1382 · Court of Criminal Appeals of Oklahoma · Oct 31, 1978

Therefore, although admission of the copy was clearly error, such error was harmless since the evidence was merely cumulative. … State, 9 Okl.Cr. 382 , 132 P. 359 (1913), which states: “A witness may be qualified to testify as an expert by studying without practice or by practice without studying; and where a witness has qualified as an expert, based

Boos v. Donnell

421 P.2d 644 · Supreme Court of Oklahoma · Oct 25, 1966

Section 544.1 authorizes the governing board of any municipality to establish and maintain a municipal hospital. … Title 59 O.S.1961, §§ 481 through 518, relate to individuals who qualify and are licensed to practice by the Board of Medical Examiners.

Joseph P. Kennedy, Jr., Foundation v. Oklahoma Tax Commission

360 P.2d 243 · Supreme Court of Oklahoma · Feb 28, 1961

Second, the Commission found that the Foundation transacted business for profit and on the basis of such finding concluded that the Foundation did not qualify for exemption. … As such it has the privileges and immunities of a domestic corporation of Oklahoma, and a bequest to it is exempt from estate taxes under 68 C.S.1951, § 989f(I). *246 “A foreign corporation properly licensed to do business

STATE ex rel. DEPT. OF HUMAN SERVICES v. COLDWATER

364 P.3d 672 · Court of Civil Appeals of Oklahoma · Oct 22, 2015

If Mother can establish the requirements of § 118(C)(D)(2)(a), then the trial court must follow § 118C(D)(2)(b) and (c). … Once the trial court determines the number of qualified prior-born children, then that number can be inserted on the Child Support Computation form to determine the deduction amount.