Case law

FUSTON v. STATE

470 P.3d 306 · Court of Criminal Appeals of Oklahoma · Mar 5, 2020

An abuse of discretion is any unreasonable or arbitrary action taken without proper consideration of the facts and law pertaining to the matter at issue or a clearly erroneous conclusion and judgment, one that is clearly … Hall , 572 U.S. at 704 . ¶7 I concur in the result here because the State established clear and convincing evidence that Appellant had a qualified cut-off level IQ score of 81, and the remaining record strongly indicates

Housing Authority of the Choctaw Nation v. Craytor

600 P.2d 314 · Supreme Court of Oklahoma · Jun 26, 1979

The powers, duties, and responsibilities of the Housing Authority and its officers are established and defined in the Act, not be tribal law. … Each commissioner shall qualify by taking the official oath of office prescribed by statute or ordinance for elected officials of the county or city, as the case may be.” 4 .

PARSONS v. DISTRICT COURT OF PUSHMATAHA COUNTY

408 P.3d 586 · Supreme Court of Oklahoma · Dec 12, 2017

During the required period of hospitalization the Department of Mental Health and Substance Abuse Services shall have the person examined by two qualified psychiatrists or one such psychiatrist and one qualified clinical … The trial judge’s June 6, 2012, order clearly deviated from the aforementioned statutory language. Journal Entry, Orig. Rec., p. 17. 6 .

Howard v. State

561 P.2d 125 · Court of Criminal Appeals of Oklahoma · Mar 4, 1977

In reversing the defendant’s conviction, this Court found the facts in the case clearly established that the witness was an accomplice — i. e., indictable — for the offense with which the defendant was charged. … In the case at bar, the record clearly establishes that no question of ultimate fact had been decided in either of the previous trials; neither had Judge Brock nor Judge Wheeler decided the issue of severance as a matter

Kohli v. Oklahoma State Bureau of Investigation

335 P.3d 275 · Court of Civil Appeals of Oklahoma · Aug 20, 2014

T8 "When an individual establishes that one of the § 18 'cireumstances is shown to exist, a prima facie showing of harm is made.'" Holder, 2009 OK CIV APP 1, ¶ 5 , 219 P.3d at 564 . (Emphasis original.) … Court of Criminal Appeals' construction of $ 18 in Howrey-to permit expungement where no "charges for the accusation made at arrest" are filed-irreconcilably conflicts with the plain language of § 18(5) as now written, and clearly

Matter of Estate of Eversole

65 O.B.A.J. 3662 · Supreme Court of Oklahoma · Oct 25, 1994

They sought either (1) to limit the estate’s contribution to the marital deduction trust to one-half of the estate’s value or (2) to establish their claims to intestate shares of the estate. … The will’s language clearly reveals that Eversole provided for each of his sons although perhaps not in the manner they might have hoped.

Cartwright v. Atlas Chemical Industries, Inc.

593 P.2d 104 · Court of Civil Appeals of Oklahoma · Mar 22, 1979

In order to establish a prima facie case in manufacturers’ products liability under Kirkland v. … clearly appears that the discretion has been abused.”

EZZELL v. LACK

480 P.3d 906 · Supreme Court of Oklahoma · Jan 26, 2021

The Court in ¶19 said: . . . it appears to us that it was clearly the intention of the framers of the Constitution, and the people in adopting the same, and of the Legislature in enacting laws to vitalize the provisions of … elections to be held on recall matters and certain state statutes control because the election was beyond a purely local concern. ¶34 The Oklahoma Constitution provides that any city with a population of more than 2,000 may establish

Ricketts v. State

23 Okla. Crim. 267 · Court of Criminal Appeals of Oklahoma · Apr 28, 1923

The history, of the constitutional provision referred to clearly de *271 monstrates that it was not intended to reach a case like this. Story’s Constitutional Limitations, § 1788. … Wigmore says: *273 “Looking back at tbe history of the privilege (ante, § 2250) and the spirit of the struggle by which its establishment came about, the object of the protection seems plain.

McGlumphy v. State

538 P.2d 1097 · Court of Criminal Appeals of Oklahoma · Jul 14, 1975

Potter, using Potter’s driver’s license as identification in passing the items in various establishments, the location of which she could not remember. … We find that the evidence of defendant’s fingerprints on the checks sufficed to establish the fact of possession, from which could arise a presumption of intent and knowledge. This rule was set forth clearly in State v.

Crampton v. Morris

District Court, E.D. Oklahoma · Jul 19, 2022

Finally, he contends that he is entitled to qualified immunity. … Finally, he contends that he is entitled to qualified immunity. II.

Howell v. Ballard

61 O.B.A.J. 3225 · Court of Civil Appeals of Oklahoma · Oct 23, 1990

The test to establish the existence of an investment contract requires 1) an investment of money or money’s worth; 2) in a common enterprise; 3) with the expectation of a profit; 4) to be made through the management and control … a legend is placed on the certificate or other document evidencing ownership of the security, stating that the security is not registered under the act and that the security cannot be resold without being registered or qualified

Goff

District Court, N.D. Oklahoma · Aug 18, 2026

The Court determined that the individual defendants were entitled to qualified immunity from suit, and plaintiff failed to allege any facts suggesting that an official policy or custom of the City caused a violation of her … Plaintiff requests leave to file an amended complaint to provide additional details about her claims, but her complaint, responses to the motions to dismiss, and motion to reconsider have clearly set out her legal claims

OLIVER v. HOFMEISTER

368 P.3d 1270 · Supreme Court of Oklahoma · Feb 16, 2016

T9 To qualify for the scholarship, the student must meet specified eligibility requirements and the student's parent or legal guardian must follow the application process. … Supreme Court in Zelman was presented with whether the voucher program violated the Establishment clause of the U.S, Constitution.

Sisemore v. Dolgencorp, LLC

212 F. Supp. 3d 1106 · District Court, N.D. Oklahoma · May 11, 2016

The standards adopted clearly apply to the labeling that should accompany obsolete motor oils. [See Dkt. # 12-2, pp. 41-42 (“2.33.1.3.2. Inactive or Obsolete Service Categories. … [Dkt. # 17, p. 11], This is not enough to qualify Sisemore as an “aggrieved consumer” under the OCPA, and his OCPA claim must be dismissed.

Wolfe v. Killingsworth

87 Okla. 106 · Supreme Court of Oklahoma · Mar 21, 1922

Willmott, duly appointed and qualified as referee herein, and respectfully reports. to the court that at various’ times, commencing with -the 19th of March, 1918, and concluding on the 16th day of April, 1918, he heard all … The legal title being in the defendant, the burden is on the intervener to establish the trust; that is, that the title of the property was held by the defendant for G. E. Killingsworth.

State Ex Rel. Ruth v. Walker

122 Okla. 95 · Supreme Court of Oklahoma · Dec 7, 1926

for such nomination and qualified to go before the electors in the November election and qualified to hold the office if successful. … It must be conceded by all, however, that there are certain well-established principles of law which by analogy must be applied in all eases, and the case at bar is no exception.

Hinz v. Hubbard

95 Okla. 164 · Supreme Court of Oklahoma · May 22, 1923

providing that the elective officers shall be a commissioner of public affairs and safety, a commissioner of finapce and accounts, and a commissioner of streets and public property, each of whom shall be elected at large by the qualified … The court held that under, the well-established rules of construction the word “duties” in the latter part of the section referred to the “duties” mentioned in the first part hereof, to wit, the duties not specifically granted

Snider Bros., LLC. v. State ex rel. Oklahoma Employment Security Commission

194 P.3d 771 · Court of Civil Appeals of Oklahoma · Dec 7, 2007

ISSUE BEFORE COMMISSION 12 While there is some limited factual controversy, the pivotal question before us is one of law, ie., whether Snider Bros. may qualify as a partial "successor employer" in accordance with 40 O.S8. … The disputed findings were therefore "clearly erroneous" pursuant to 75 0.$.2001 § 322(1)(e).

Walters v. STATE EX REL., TAX COM'N

935 P.2d 398 · 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.