Case law

McKenzie v. State

11 Okla. Crim. 554 · Court of Criminal Appeals of Oklahoma · Jun 17, 1915

The defendant, Grover, alias “Bud’" Belew, was granted immunity and testified for the state. The state elected to try McKenzie and Baker first. Their trial began on the 5th day of October, 1912. … The testimony establishes, or tends to establish, the following facts: The plaintiffs in error, Guy McKenzie and Joe Baker, for several months prior to the homicide, had been upon very friendly terms.

Baumgardner v. State ex rel. Department of Human Services

789 P.2d 235 · Supreme Court of Oklahoma · Mar 20, 1990

The employee asserts that the omission of the requirement of “optimal qualifi *239 cations” from the position announcement contravened the posting requirements of 74 O.S.Supp.1985 § 841.19(A)(6). … decisions, are: (a) in violation of constitutional provisions; or (b) in excess of the statutory authority or jurisdiction of the agency; or (c) made upon unlawful procedure; or (d) affected by other error of law; or (e) clearly

Bergman v. Smalley

205 Okla. 313 · Supreme Court of Oklahoma · Nov 13, 1951

Gray was appointed and qualified as his administrator and brought suit to cancel the deeds of grantor, under which the grantees claim the said land located in Washita county, Oklahoma. … A judgment, in an action of equitable cognizance, must and will be affirmed unless the judgment is clearly against the weight of the evidence. Mosier v. Tinker, 118 Okla. 85 , 246 P. 593 .

Miller v. Doctor's General Hospital

76 F.R.D. 136 · District Court, W.D. Oklahoma · Aug 17, 1977

The scope of examination by interrogatories should not be curtailed unless the information sought is clearly irrelevant. Felix A. Thil-let, Inc. v. Kelly-Springfield Tire Co., 41 F.R.D. 55 (D.P.R.1966). … Defendant’s conclusory statement that Interrogatory No. 12 seeks medical information which Defendant is not qualified to give is not a sufficient response.

Sanders v. State

556 P.2d 611 · Court of Criminal Appeals of Oklahoma · Nov 3, 1976

The question next becomes whether the evidence established premeditation. … State, supra, which set the Oklahoma Standard for qualifying a jury under the 1973 Murder Statute.

Opinion No. (2004)

Oklahoma Attorney General Reports · Jan 28, 2004

Id. § 85.7(A)(1). ¶ 10 The Act contains a specific provision for fixed rate contracts, providing at Section 85.7 that "[a]ny acquisition of a service which the Department of Central Services has approved as qualifying for … a fixed and uniform rate shall be made pursuant to the provisions" which require the Department of Central Services to establish criteria and guidelines for qualifying services. 74 O.S.

MAGNUM ENERGY v. BD. OF ADJUSTMENT FOR THE CITY OF NORMAN

510 P.3d 818 · Supreme Court of Oklahoma · Mar 22, 2022

Until 2015, Oklahoma statutory and jurisprudential law, including Gant and its progeny, clearly embraced broad municipal authority to regulate oil and gas production. … Section 13-1502.1(a)(4) does not qualify as an ordinance concerning road use, traffic, noise and odors incidental to oil and gas operation.

Inklebarger v. State

8 Okla. Crim. 316 · Court of Criminal Appeals of Oklahoma · Nov 18, 1912

(Objected to by the defendants, for the reason that it is incompetent, irrelevant, and immaterial, no proper foundation laid for the asking of the question, and the witness not shown himself qualified ,to testify. … established the guilt of the defendants.

Meder v. City of Oklahoma City

350 P.2d 916 · Supreme Court of Oklahoma · Mar 28, 1960

In establishing procedure for the sale or lease of municipally-owned utilities, in cities where the sale or lease must be authorized by the qualified voters of such municipality, it is provided in part: (11 O.S.1951 § 442 … A well established principle is stated and applied in Anderson v.

Womack v. Schmidt

74 O.B.A.J. 3159 · Court of Civil Appeals of Oklahoma · Sep 19, 2003

As in D.M.J., ICWA did not apply to the Womaeks' request to adopt B.R.W. without Mother's consent because they are clearly not attempting to "break-up an Indian family" nor attempting to interrupt the "continued custody" … Section 1912(f) of the ICWA provides: No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified

Craft v. Bates

372 P.2d 10 · Supreme Court of Oklahoma · May 29, 1962

The evidence, viewed as a whole, is clearly insufficient to support any allegation of fraud. … A demurrer to the sufficiency of the evidence is properly sustained where the record does not contain any evidence tending to establish liability of the demurrant. Randall v.

Musick v. State Ex Rel. Miles

185 Okla. 140 · Supreme Court of Oklahoma · Nov 29, 1938

This contention is based upon section 57, article o, of the Oklahoma State Constitution, which provides-in part that “every act of the Legislature * * * shall be clearly expressed in its title. i: * *» The title of House … The Legislature is by mandate charged with the duty of establishing a public school system. Article 13, section 1, Oklahoma State Constitution.

Young v. Glanz

District Court, N.D. Oklahoma · Sep 30, 2020

In any event, the Court has previously conducted the qualified immunity / clearly established law analysis on nearly identical evidence that a jury could find constituted deliberate indifference by Sheriff Glanz to Jail … Brown suffered and ultimately died following a delay in emergency medical treatment, the law was clearly established that a Jail official like Mr.

Lee v. State

637 P.2d 879 · Court of Criminal Appeals of Oklahoma · Nov 23, 1981

Traditionally, the motives for peremptory challenges of both the defense and the prosecution are immune from scrutiny, and purposeful discrimination cannot be assumed. Swain v. … This alleged discrepancy, standing alone, is not enough to counter the strong evidence establishing voluntariness.

Burkhardt v. City of Enid

771 P.2d 608 · Supreme Court of Oklahoma · Mar 21, 1989

Clearly the term was adequately defined to communicate the purpose of the tax. It was equally clear that tax proceeds would be used to purchase Phillips’ assets. … If no new university is established, the funds return to EEDA for debt reduction or economic development.

White v. City of Del City

270 P.3d 205 · Court of Civil Appeals of Oklahoma · Sep 30, 2011

City contends that it cannot be held liable for any intentional or unintentional misrepresentations because it is immune from suit for such claims pursuant to the Governmental Tort Claims Act, 51 0.8.2001 and 0.8. … Finding that the City is immune from suit for defamation, we decline to address City's argument that there can be no viable action for defamation when the publication originates with the claimant, rather than a third party

Sisk v. J.B. Hunt Transport, Inc.

81 P.3d 55 · Supreme Court of Oklahoma · Jul 8, 2003

The former situation, in Hooper, supra note 6 , addressed whether a harm-dealing servant's law-conferred (parental) immunity operates to discharge the master's respondeat-superior liability to a third party. … In Hooper we answered in the negative by holding that servant's law-conferred immunity does not constitute an ex Zege release of the master.

Pharmcare Oklahoma, Inc. v. State Health Care Authority

152 P.3d 267 · Court of Civil Appeals of Oklahoma · Aug 29, 2006

On appeal, the parties disagree on who determines what services, in this instance the provision of medication, qualify as medically necessary. 122 One of the express purposes of the Medicaid Act is to enable "each state, … or disabled individuals, whose income and resources are insufficient to meet the costs of necessary medical services ...." 42 U.S.C. § 1896 (emphasis added). 1 23 The Medicaid Act requires participating states to provide qualified

Koppitz v. Chesapeake Energy Corp.

421 P.3d 319 · Court of Civil Appeals of Oklahoma · Mar 9, 2018

Particularly, Defendants alleged they had confessed their violation of federal antitrust law and cooperated with the investigation conducted by the United States Department of Justice, Anti-Trust Division, which qualified … It is well established that federal antitrust law does not preempt the assertion of antitrust claims under parallel state antitrust law.

Horton v. Garland

District Court, W.D. Oklahoma · Oct 20, 2022

in order to establish the court’s jurisdiction. … Clearly, plaintiff has not alleged any factual basis to establish an injury in fact. Without the necessary allegations, the court concludes that plaintiff lacks standing to bring this action. See, FW/PSB, Inc. v.