Case law

Rural Water District No. 3 v. Owasso Public Works Authority

475 F. Supp. 2d 1108 · District Court, N.D. Oklahoma · Feb 7, 2007

For more than a decade after 1989, the District owed no money on a qualifying Section 1926(b) indebtedness. … Based on these factors, the July 3, 1979 Judgment is void for a lack of a clearly-defined temporal scope.

KMC v. State

221 P.3d 735 · Court of Criminal Appeals of Oklahoma · Oct 29, 2009

The role of this Court is to interpret and reconcile those statutes under the established rules of construction and not cherry pick some rules and disregard others. … Specifically, when the Legislature amended § 7306-2.9 to set the 18 year five month age limit, it obviously was defining a class of otherwise lawfully eligible older youth, an option it clearly reserved to itself in § 7306

Opinion No. (2009)

Oklahoma Attorney General Reports · Dec 18, 2009

from certain local taxes or fees may be used to finance project costs in areas qualified under the Local Development Act." … Thus, the authority to apportion local sales taxes, other local taxes and local fees is clearly found in Article X, Section 6C of the Constitution and provisions of the Local Development Act.

MULLENDORE v. MERCY HOSPITAL ARDMORE

438 P.3d 358 · Supreme Court of Oklahoma · Mar 12, 2019

Marouk , 2013 OK 36 , ¶ 0, 302 P.3d 775 , 776 (declaring 12 O.S.2011 § 19 -which required plaintiffs alleging professional negligence to consult with, and to obtain a written opinion from, a qualified expert in support of … Zimmer, Inc. , 2006 OK 98 , ¶ 32, 152 P.3d 861 , 874 (declaring 63 O.S.Supp.2003 § 1-1708.1E -which required plaintiffs in medical malpractice tort suits to consult with, and to obtain a written opinion from, a qualified

Vandervort v. Vandervort

134 P.3d 892 · Court of Civil Appeals of Oklahoma · Dec 30, 2005

Their solution was to obtain a divorce in which Husband received virtually all the marital property, thereby qualifying Wife for government assistance when her progressive illness caused her health to deteriorate to the point … On the contrary, the evidence clearly establishes that Wife wanted this divorce, participated in obtaining it, and did not seek relief from it until she suffered from an unanticipated event — Husband’s alleged refusal to

Bocox v. Town of Bixby

114 Okla. 269 · Supreme Court of Oklahoma · Apr 20, 1926

The title of said act is as follows “An act providing for the establishing and changing of the grade of'any street, avenue, land, alley or other public place in any incorporated town in the state of Oklahoma, having a population … The title of the act clearly discloses such purpose and the provisions of sections 1 and 2 thereof show clearly just how such purpose may be carried out, just how such towns may avail themselves of 'the privilege this conferred

Pickens v. State

450 P.2d 837 · Court of Criminal Appeals of Oklahoma · Feb 5, 1969

Shortly thereafter, the defendant left and went to the other side of the establishment, the side where food was served. When the defendant returned, Quinn was standing at the jukebox with French. … State, Okl.Cr.App., 369 P.2d 187 , as follows: This section clearly contemplates that instructions to juries in criminal cases should be settled before they are read to the jury, and that, if counsel have any instructions

Archer v. Archer

813 P.2d 1059 · Court of Civil Appeals of Oklahoma · Apr 2, 1991

For ordinary circumstances, the Guidelines first establish the amount of combined monthly support which both parents may be expected to provide the children, based upon their combined incomes. … As noted previously, the weight of the evidence will clearly support a determination of Husband’s monthly income of at least $18,500.

In Re Initiative Petition No. 347 State Question No. 639

62 O.B.A.J. 1880 · Supreme Court of Oklahoma · Jun 11, 1991

There is only one subject, we find, and it is clearly expressed in the title. … The initiative petition need only pass a threshold test to qualify for submission.

Weeks Ex Rel. Weeks v. Wedgewood Village, Inc.

554 P.2d 780 · Supreme Court of Oklahoma · Jun 1, 1976

He did not appear at the scheduled May 17 hearing, nor did he comply with the court’s request for documentation of evidence to establish a question of fact on behalf of appellants. … The court clearly states in its judgment and order : “. . .

Chasteen v. State

551 P.2d 1171 · Court of Criminal Appeals of Oklahoma · Jun 28, 1976

At this point, the officer gave his qualifications as a narcotics officer based on his experience, in an attempt to qualify him as an expert in the field of narcotics and marijuana identification. … Clearly, this assignment of error is without merit.

Dumas v. State

19 Okla. Crim. 413 · Court of Criminal Appeals of Oklahoma · Jun 18, 1921

It has been repeatedly held by this court : “On appeal the burden is upon the appellant to establish both error and prejudice resulting therefrom.” Cardwell v. State (No. … It is contended that the record discloses that such evidence was not a free and voluntary confession on the part of defendant, but was induced by reason of promises and immunity held out to him.

Robinson v. Disbrow

District Court, W.D. Oklahoma · Oct 1, 2019

Administrative exhaustion is a condition of waiver of the United States’ sovereign immunity. 42 U.S.C. § 2000e-16(c). … In order to show that Plaintiff was discriminated against as a result of her race, she must establish (1) that she was a member of a protected class, (2) that she was qualified and satisfactorily performing her job, and

Dixon v. Atwood

District Court, E.D. Oklahoma · Mar 28, 2025

Qualified Immunity Defendants assert they are entitled to qualified immunity. See Dkt. No. 23 at 11-14. … “If a plaintiff fails to state a valid claim, we need not even reach the issue of the qualified immunity defense.” Moore v. City of Wynnewood, 57 F.3d 924, 931 (10th Cir. 1995).

Anaya-Smith v. Federated Mutual Insurance Company

District Court, W.D. Oklahoma · Feb 20, 2025

family members, or the $25,000 per person/$50,000 per occurrence minimum established by Okla. … The UM declaration then clearly reflects up to $1 million in UM coverage for “directors, officers, partners or owners of the named insured and their ‘family members’ who qualify as ‘insureds’,” and no UM coverage for any

Mariano v. Mariano

122 P.3d 493 · Court of Civil Appeals of Oklahoma · Sep 16, 2005

. ¶ 7 The cited authorities from other jurisdictions are clearly distinguishable. … "Texas courts follow an established procedure for interpreting property divisions in divorce decrees.

Hotels, Inc. v. Kampar Corp.

69 O.B.A.J. 2542 · Court of Civil Appeals of Oklahoma · Mar 17, 1998

The task of determining a correct sanction for a discovery violation is a fact-specific inquiry that the trial court is best qualified to make. … The record on appeal does not establish that the trial court considered whether a less severe sanction would have had the desired effect of securing Kampar’s compliance and deterring it from further misconduct. ¶ 16 Finally

State ex rel. Darnell v. State Board of Education

475 P.2d 181 · Supreme Court of Oklahoma · Sep 29, 1970

This section further provided that a certain specified amount of Incentive Aid a school district was qualified to receive was to be used to increase the minimum salary defined above, this increase in *183 no event to be less … It is clear from the statutory language that the intent of the Legislature was to establish for teachers a minimum salary for the school year 1965-66 and subsequent years of the previous minimum of $3800.00 plus the $380.00

Ross v. Peters

64 O.B.A.J. 440 · Supreme Court of Oklahoma · Feb 9, 1993

It is evident that the concern for qualified court reporting in the judicial system is a legitimate state purpose. … The state may exclude from professional practice those who are not qualified to hold a professional license.

Marriage of Husband v. Husband

233 P.3d 383 · Court of Civil Appeals of Oklahoma · Nov 24, 2009

In actions of equitable cognizance, the judgment made by the trial court will be reversed if it is clearly contrary to the weight of the evidence or contrary to accepted principles of equity or rules of law. … The grounds for a divorce are established although a divorce is not granted, and the likelihood of reconciliation is remote. 1381 The case here comes within the third category.