Case law

Miller v. State

3 Okla. Crim. 374 · Court of Criminal Appeals of Oklahoma · Jan 13, 1910

We believe that this instruction is clearly erroneous and prejudicial to the rights of the defendant, even though instructions 2, 3, 4, and 5 correctly state the law. … The aforesaid instruction No. 6 is calculated to convey to the minds of the jury an erroneous impression, in that it may be construed as varying the rule of law, and to qualify its meaning and scope and the manifest design

Hoeppner v. Head

District Court, E.D. Oklahoma · Oct 4, 2022

Qualified immunity protects officials “from liability for civil damages insofar as their conduct does not violate clearly 10 Adler v. … Clearly Established Law “The ‘clearly established’ prong of the qualified immunity analysis ensures that governmental actors are given fair warning that their conduct is unconstitutional

ROGERS v. ESTATE OF PRATT

467 P.3d 651 · Supreme Court of Oklahoma · May 5, 2020

THE CHILD PLACED FOR ADOPTION QUALIFIES AS A PRETERMITTED HEIR. … CONCLUSION ¶31 The child given up for adoption qualifies as a pretermitted heir.

Marriage of Baggs v. Baggs

385 P.3d 68 · Supreme Court of Oklahoma · Nov 15, 2016

preceding the commencement of the proceedings from which the qualified domestic order issues. 5. … A qualified domestic order shall clearly specify: a. the name and last-known mailing address (if any) of the member and the name and mailing address of the alternate payee covered by the order, b. the amount or percentage

Spiers v. Magnolia Petroleum Co.

206 Okla. 510 · Supreme Court of Oklahoma · Oct 23, 1951

No others are qualified to advise the Commission or this court of the conditions and area of an oil sand two miles below the surface of the earth. … We say again that all experts testifying in this case were highly qualified in their respective fields.

Barton v. Independent School District No. I-99

67 O.B.A.J. 1047 · Supreme Court of Oklahoma · Mar 19, 1996

While the Code does not specifically address a school board’s authority not to reemploy teachers when implementing its RIF plan, that power clearly is implicit in the statutory scheme which allows local school boards to formulate … CONCLUSION Summary judgment is proper only when the pleadings, affidavits, depositions, admissions, or other evidentiary materials establish that there is no genuine issue as to any material fact, and that the moving party

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. .

Applications of Oklahoma Turnpike Authority

277 P.2d 176 · Supreme Court of Oklahoma · Dec 7, 1954

The statute seems to clearly authorize this use of a part of the bond proceeds. … This method of construction clearly complies with the Turnpike Act.

Eberle v. State ex rel. Department of Highways

385 P.2d 868 · Supreme Court of Oklahoma · Oct 15, 1963

However, the verdict was within the amounts that the' evidence tended to establish. … However, we can find no authority for supporting an instruction which has the effect of calling attention of the-jury that the owner of land is qualified to> express an opinion as to value by reason of his ownership and to

Helie v. Independent School District No 93 of Pottawatomie County Oklahoma

District Court, W.D. Oklahoma · Sep 13, 2024

The Speech or Debate Clause of the United States Constitution reflects this “firmly established” principle and explicitly recognizes legislative immunity for federal lawmakers. Id. … If nothing else, this brief survey of relevant case law establishes that legislative immunity does not indiscriminately protect all conduct performed by a legislator in the course of his duties.

Gibson Co., Inc. v. Oklahoma Tax Commission

180 Okla. 53 · Supreme Court of Oklahoma · Apr 6, 1937

Each section is not to be considered as a separate enactment, but the remedy of cancellation applies to all violations therein enumerated unless clearly limited to specific violations. … Our attention has been directed to no jurisdiction wherein such procedure has been countenanced as an established right. See 26 R. C. L. 378, sec. 337. See, also, annotations, 11 A. L. R. 1177; 41 A. L. R. 1110.

Galbreath v. City of Oklahoma

92 F. Supp. 3d 1156 · District Court, W.D. Oklahoma · Feb 18, 2015

The officer was granted qualified immunity and the case went to trial on plaintiffs Fourteenth Amendment due process claim against the City. … Plaintiff contends the evidence at trial established that Oklahoma City Municipal Code § 30-81 (b) violates the due process clause because it vests unlimited discretion to arrest in the arresting officer.

Frost v. Chrysler Motor Corp.

826 F. Supp. 1290 · District Court, W.D. Oklahoma · Jun 4, 1993

ease, Chrysler is attempting to remedy a conspicuous imbalance in one job category (privately capitalized dealership owners) by implementing an affirmative action plan in another (MIP dealers). 40 Chrysler asserts that' it established … The Amendment is not significant in this instance because the Plaintiff's claims are clearly encompassed in both versions of Section 1981. 34 .

Application of Smith

351 P.2d 1076 · Court of Criminal Appeals of Oklahoma · May 3, 1960

If such were true, to qualify as an elector one would have to be 22 years of age. Such interpretation would amend the clear intent of the Statute by unusual interpretation. … The cases are clearly distinguishable on the basis as herein before indicated.

Parsons v. State

740 P.2d 167 · Court of Criminal Appeals of Oklahoma · Jul 20, 1987

We are of the opinion that the evidence of which the appellant complains was clearly so connected with the principal offense that it was part of the entire transaction. Bruner v. … An examination of the record reveals that the judge stated that he would allow counsel to present whatever evidence he needed to establish his defense.

Sewell v. Christison, Co.

114 Okla. 177 · Supreme Court of Oklahoma · Mar 30, 1926

. *178 On said 9th day of February, 1926, the county court- of Caddo county made its order appointing John Sewell administrator, who duly qualified as such by giving bond and taking oath as required by law and the order of … Sewell, deceased, could be established if, in fact, he was a resident of Oklahoma count y. and the county court of Caddo county -would be without jurisdiction, to entertain a proceeding for the establishment of a last' will

Hamill v. Powers

164 P.3d 1083 · Court of Criminal Appeals of Oklahoma · Jul 10, 2007

T10 The State apparently intends to use its expert to establish that the complainant was not mentally capable of consenting to sexual relations. … Counsel submitted to the district court the curric- « ulum vitae of a psychologist that counsel felt was qualified to conduct the evaluation he has requested.

Potter v. Potter

203 Okla. 236 · Supreme Court of Oklahoma · Jun 20, 1950

As grounds therefor he alleged, in substance, that the Kesters by reason of their extreme age and religious tenets were not qualified or fit to have the custody of the girls; that they were not shielded from companionship … As establishing the right of the father in the premises, reliance is placed upon Lynch v.

Snethen v. Oklahoma State Union of the Farmers Educational & Cooperative Union

664 P.2d 377 · Supreme Court of Oklahoma · Feb 15, 1983

. *382 The insured established a lawful and substantial economic interest — innocently acquired — and covered it by insurance. … His interest, which clearly meets the § 3605(B) criteria, is hence entitled to judicial protection.

Bankoff v. Board of Adjustment

65 O.B.A.J. 1829 · Supreme Court of Oklahoma · May 31, 1994

Most courts hold that while a landowner will not ordinarily be immune from a zoning change if he has done nothing more than obtain a permit from the licensing authority, he will be protected if he has made substantial expenditures … EVIDENTIARY ANALYSIS The question squarely presented is whether the trial court’s decision was clearly contrary to the weight of the evidence.