Case law

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.

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

Arnold v. Leader Federal Bank for Savings

73 O.B.A.J. 165 · Court of Civil Appeals of Oklahoma · Oct 5, 2001

Leader did not seek a deficiency judgment. 2 In 1999, the Arnolds attempted to obtain a new VA mortgage and discovered they did not qualify because the previous mortgage had not been released. … "Strict construction" requires the reviewing court to decline an expansion of the statute by implications or equitable considerations and confines its utilization to cases clearly within the letter of the statute, as well

In Re Luckinbill

163 B.R. 856 · District Court, W.D. Oklahoma · Feb 7, 1994

Nelson established that § 1(A)(10) is intended to provide an exemption only for cows that are “suitable for, intended to be used for, and kept for, [milk] cows.” Id. … The Court is bound the accept the bankruptcy court’s findings of fact unless they are clearly erroneous. In re Mullet, 817 F.2d 677, 678-79 (10th Cir.1987).

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

Edwards v. Basel Pharmaceuticals

68 O.B.A.J. 794 · Supreme Court of Oklahoma · Mar 4, 1997

The learned intermediary doctrine has been held applicable to prescription nicotine gum, because there was a sufficient relationship established between doctor and patient. Tracy v. … The first involves mass immunizations. Cunningham , at 1381; Allison v. Merck & Co., Inc., 110 Nev. 762 , 878 P.2d 948 (1994).

Kasenberg Et Ux. v. Hartshorn

30 Okla. 417 · Supreme Court of Oklahoma · Dec 12, 1911

On cross-examination by defendants the following facts relative 'to said account were established: “Cross-examination by Judge Ralls: Q. … him in any way, was clearly error.

Pridemore v. Duncan

146 Okla. 70 · Supreme Court of Oklahoma · Nov 18, 1930

Our statutes and decisions clearly establish and show that a husband and wife in this state may each acquire, accumulate, and possess separate property, and dispose of the same without claim or restrictions from the other … under consideration, section 11301, supra, said: “It seems quite clear that the purpose of the section under consideration is to provide a general rule of descent, and that the first sentence thereof * * * relates to and qualifies

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.

Oklahoma Automobile Dealers Ass'n v. State Ex Rel. Oklahoma Tax Commission

401 P.3d 1152 · Supreme Court of Oklahoma · Aug 31, 2017

We described this constitutional framework as follows: “the Legislature is vested with power, Sec. 6, Art. 10, Const., to qualify, curtail or annul any exemption from taxation but it is without power to grant éxemptions other … See id. 51 (“The Legislature shall pass no law granting to' any association, corporation, or individual any exclusive rights, privileges, or immunities within this State.”); id. 59 ("Laws of a general nature shall have a

Webb v. DAYTON TIRE & RUBBER CO. ETC.

697 P.2d 519 · Supreme Court of Oklahoma · Mar 4, 1985

In short, no immunity from liability imposable in tort for punitive damages under the standards of 23 O.S.1981 § 9 may be implied from the language of the statute under consideration. … clear expression of contrary-legislative intent, the provisions of 23 O.S. 1981 § 9, which authorize imposition of punitive damages, “where the defendant has been guilty of oppression, fraud or malice, actual or presumed”, clearly

Brownfield v. Cherokee County School District No. 35

District Court, E.D. Oklahoma · Apr 7, 2025

Cloud also argue that they are entitled to qualified immunity with respect to Plaintiff’s Equal Protection claims. … With Defendants having invoked qualified immunity, it is incumbent upon Plaintiff to demonstrate "(1) the defendant's actions violated a constitutional or statutory right, and (2) that right was clearly established at the

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.

Opinion No. 73-128 (1973) Ag

Oklahoma Attorney General Reports · May 25, 1973

adopt and issue, and from time to time may amend, rules of general application for the administration of this Act and regulating the professional conduct of persons authorized to engage in public accounting, looking to the establishment … Clearly, Section 59 O.S. 15 .9 [ 59-15.9 ], supra, requires that the applicant must pass a written examination.

Stewart v. Secretary of the Air Force

District Court, W.D. Oklahoma · Jan 5, 2022

Therefore, the Court will consider whether sovereign immunity bars Plaintiff’s FMLA claims. … Plaintiff’s allegations are clearly sufficient to meet the first two elements. A complaint of sexual harassment “unquestionably constitutes protected activity.” Fye v. Oklahoma Corp.

Minor v. Zidell Trust

618 P.2d 392 · Supreme Court of Oklahoma · Oct 7, 1980

The curb and the wall behind it were clearly observable to the public. After driving into one of the marked spaces along the outer-perimeter, Motorist saw another stall he liked better. … The factors which militate in favor of the conclusion we reach here, and the process of reasoning in evaluating them, are clearly identified.

Goodson v. United States

7 Okla. 117 · Supreme Court of Oklahoma · Jul 30, 1898

It has been the settled practice of the courts and settled policy of the United States since the establishment of the territorial government. … Such haste in forcing to trial one charged with a felony as was manifested in this cause was clearly in violation of the substantial rights of the accused.

Jackson v. Haney

166 Okla. 13 · Supreme Court of Oklahoma · Sep 12, 1933

This is admitted by petitioner, and was known to the county court of Carter county, as clearly indicated by the findings and order of the latter court. … S. 1931, provides as follows : “Testamentary guardian to qualify and give bond.

Danciger Oil & Refining Co. v. Donahey

205 Okla. 390 · Supreme Court of Oklahoma · Nov 6, 1951

The evidence also established that the trees might have been injured by three other causes. … Worley, supra, is clearly distinguishable under ‘the facts disclosed in the instant case.

Wilson v. Oil Well Supply Co.

111 Okla. 63 · Supreme Court of Oklahoma · Jun 30, 1925

The reply admitted the ownership to be that of a mortgagee, which is ownership qualified and special. The allegations of these pleadings required for their support an entirely different character of evidence. … Applying the test as set forth in these various authorities to the facts, as established by the pleadings in this case, we think the matters set up in the .reply clearly constitute a departure.