Case law

Bershears v. State

32 Okla. Crim. 180 · Court of Criminal Appeals of Oklahoma · Jul 15, 1925

Upon the record before us it clearly appears that the defendant could not have been harmed by the error complained of. … establishes his guilt, this court will not reverse the conviction upon any technicality or exception which did not deprive the defendant of a substantial right.”

Protest of Great Plains Federal Savings & Loan Ass'n v. Oklahoma Tax Commission

743 P.2d 640 · Supreme Court of Oklahoma · Oct 6, 1987

However, the question posed here is whether the assets subjected to taxation qualify for an exemption from state tax under either specific statutory or general constitutional principles. … Gamer, 459 U.S. 392, 398 , 103 S.Ct. 692, 696 , 74 L.Ed.2d 562, 568 (1983), in which the United States Supreme Court found that the Tennessee bank tax violated the immunity of obligations of the United States from state and

In Re Assessment of First Nat. Bank of Chickasha

58 Okla. 508 · Supreme Court of Oklahoma · Oct 10, 1916

The pledged immunity on the part of the state attached in the act, so that at no period of time were the bonds subject to taxation. … The power of the Legislature to exempt the bonds from taxation being, we think, clearly established, was it the purpose and intent so to do? The language of the statute is broad and comprehensive.

In RE ESTATES OF McLEAN

231 P.3d 727 · Court of Civil Appeals of Oklahoma · Dec 4, 2009

There is no ambiguity in the text of the Will and insufficient evidence of latent ambiguity to warrant resort to extrinsic evidence to establish intent. … Clearly the tape will show testator's intent. *733 ¶ 4 Title 84 O.S.2001 § 20 does not control the admission of parol evidence.

Byford v. City of Duncan

383 P.2d 640 · Supreme Court of Oklahoma · Jun 25, 1963

, definitely and conclusively establish a contract on the part of decedent to adopt plaintiff and said facts and evidence further clearly establish complete performance of said contract on the part of plaintiff and decedent … or divested by the decree and whose statutory rights or immunities will be altered, enlarged or abridged by the decree.

Opinion No. (2002)

Oklahoma Attorney General Reports · Jun 28, 2002

His removal from office or failure to qualify as required by law. Id. (emphasis added). … While the Judicial Nominating Commission is a constitutional body established by Section 3 of Article VII-B of the Oklahoma Constitution, pursuant to Section 4 of the Constitution the Commission is empowered only to "submit

Larman v. Larman

991 P.2d 536 · Supreme Court of Oklahoma · Oct 28, 1999

The husband’s proof falls short of establishing an inter-spousal gift. ¶23 Because there is in this record no proof of value enhancement, if any there was, in the wife’s separate property, produced by the labor or skills … Unless ... the intent to give title be proven clearly the transaction will not be sustained as a gift.

Cherokee Nation v. Nomura

160 P.3d 967 · Supreme Court of Oklahoma · May 22, 2007

Clearly, the Federal Act contemplates voluntary proceedings. … At the end of the hearing on November 10, 2005, the court also granted Nomura's request for a finding that he was immune from suit on grounds of sovereign immunity. 8 .

Edwards v. State

544 P.2d 60 · Court of Criminal Appeals of Oklahoma · Nov 24, 1975

We understand the opinion preferred in Hitch to mean that both where the evidence is material to the issue of guilt or innocence with respect to the charge against the accused, and where it is clearly a matter involving the … Brady , the Supreme Court, ruling that “the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment . ,” in effect qualified

Opinion No. (1990)

Oklahoma Attorney General Reports · Feb 12, 1990

CLEARLY, THE APPOINTMENT OF DONAGHEY AND THE OTHER APPOINTEES BY THE CADDO TRIBAL CHAIRMAN MEETS THE FIRST CRITERION. … ACCORDINGLY, DONAGHEY CURRENTLY QUALIFIES UNDER 1058, AND THE OTHERS MAY SOON QUALIFY.

Reaves v. Oliver

3 Okla. 62 · Supreme Court of Oklahoma · Jun 22, 1895

and that, on the 1st day of August, 1889, the petitioner, Oliver, filed a contest in said land office against the entry of Jones, and applied to enter the land; that he alleged in his contest affidavit that Jones was not qualified … This is the principle enunciated in the Sproat-Durland case and clearly applicable in this case.

Jordan v. Goldman

1 Okla. 406 · Supreme Court of Oklahoma · Sep 16, 1891

Yet, as that duration depends upon the concurrence of collateral circumstances which qualify and debase the purity of the donation, it is, therefore, a qualified or base fee. … And the provision of this treaty, that the Uhited States, may settle friendly tribes of Indians in any part of the Cherokee Outlet, clearly showing that, at the time the treaty was made, the Cherokee Nation did not claim

Byers v. Territory

1 Okla. Crim. 698 · Court of Criminal Appeals of Oklahoma · Jul 29, 1909

It is the fixed purpose of this court to carry out the spirit of this statute, and when a defendant has been properly charged with an offense and fairly tried and the evidence clearly establishes his guilt, this court will … That appellant shot and killed the deceased cannot be questioned; that he shot him under circumstances which establish a homicide upon express malice is also evident, if murder upon express malice can be established by the

Ibarra v. Lee

District Court, N.D. Oklahoma · Sep 21, 2022

Then, the plaintiff must show that the constitutional rights the defendant allegedly violated were clearly established at the time of the conduct at issue. Id. … CONCLUSION For the reasons stated above, Deputy Lee is entitled to qualified immunity.

Dennis v. State

879 P.2d 1227 · Court of Criminal Appeals of Oklahoma · May 23, 1994

Dallas was properly qualified as an expert in the area of fire investigation. His testimony concerned both facts and hypothetical possibilities supported by evidence. … There must be evidence of acts or circumstances that tend clearly to point to another, rather than the accused.” Woodruff v. State, 846 P.2d 1124, 1137 (Okl. Cr.1993).

Cook v. Knox

273 P.2d 865 · Supreme Court of Oklahoma · Jun 8, 1954

Convoy contends that the evidence thus produced establishes as a matter of law that Cook was an independent contractor, thus relieving it from liability. … The instruction is supported by-proof tending to establish that the deceased had a high school education and attended a business college, and was a qualified bookkeeper, capable of earning $200 monthly, and that she had contributed

Buechler v. State

175 P.3d 966 · Court of Civil Appeals of Oklahoma · Dec 7, 2007

It found Buechler qualifies for expungement of Count II under 22 O.S. § 18(7). 5 However, relying on Knight v. … It is clearly intended to aid those who are acquitted, exonerated, or who otherwise deserve a second chance at a ‘clean record.’ ” State of Okla. v. McMahon, 1998 OK CIV APP 103, ¶ 9 , 959 P.2d 607, 609 .

Ferrero v. Siel

397 P.2d 501 · Supreme Court of Oklahoma · Nov 24, 1964

plaintiff contends are controlling and applicable in the instant case, we should be mindful that this is an action of equitable cognizance and this Court will weigh the evidence, and if the judgment of the trial court is not clearly … Although some of plaintiff’s evidence tends to establish facts contrary to-the following statements, there inheres in: the trial court’s judgment a finding supporting the following statements and we have examined the entire

Independent School District No. 89 of Oklahoma County v. Oklahoma City Federation of Teachers, Local 2309

612 P.2d 719 · Supreme Court of Oklahoma · Jun 10, 1980

This proscription is not qualified in any manner. The Legislature did not provide for an election of a bargaining representative to be held in the event of a strike. … Equity follows the law and where rights of parties are clearly defined and established by law, equity has no power to change those rights.

Opinion No. (1985)

Oklahoma Attorney General Reports · Apr 9, 1985

Provided that, for the purposes of this section the term `public buildings' shall include, but not be limited to, a county rest home, which shall be defined as any home, establishment or institution owned and operated by … It should be noted, moreover, that it is a generally accepted principle of election law that an election cannot be held in the absence of legislation clearly authorizing the same. See, e.g., Grant and McNamee v.