Case law

Wirtz v. Regalado

District Court, N.D. Oklahoma · Mar 2, 2020

A claim is 5 Wirtz does not clearly tie his common-law tort claims to any specific counts identified in the complaint. … Alternatively, Regalado asserts that he has qualified immunity for any individual-capacity claims Wirtz asserts against him because Wirtz does not plausibly allege that Regalado violated his constitutional rights.

Lockett v. State

73 O.B.A.J. 2327 · Court of Criminal Appeals of Oklahoma · Aug 14, 2002

Id. 120 It is well established that "photographs of murder victims can be probative in many respects.... … It is clear that most of the evidence relied upon by the State's forensic psychiatrist came from sources other than Appellant to which the State was clearly entitled.

Stewart v. Turn Key Health Clinics LLC

District Court, W.D. Oklahoma · Aug 22, 2024

Instead, to establish Defendant Turn Key’s liability under § 1983, Plaintiff must establish three basic elements: (1) Defendant Turn Key had an official policy or custom; (2) that “was enacted or maintained … However, Plaintiff does not clearly allege that particular conduct performed by a particular untrained nurse violated Mr. Stewart’s Eighth Amendment rights.

Richard v. Richard

172 Okla. 397 · Supreme Court of Oklahoma · Apr 16, 1935

But, if it be not general, then obviously it does not exist as a fact, and evidence cannot be received to show a partial, limited, or qualified repute. … A reputation cannot be general if it is not general, and no reputation of a marriage but a general reputation is competent evidence to establish marriage.

The Institute For Responsible Alcohol Policy v. State ex rel. Alcohol Beverage Laws Enforcement Comm.

2020 OK 5 · Supreme Court of Oklahoma · Jan 22, 2020

"In assessing the conformity of a challenged state statute to our fundamental law, we are guided by well-established principles. The Constitution is the bulwark to which all statutes must yield." Liddell v. … Const. art 5 §51 provides: The Legislature shall pass no law granting to any association, corporation, or individual any exclusive rights, privileges, or immunities within this State. 18 The Okla.

Jack Little Foundation for Aid to Deaf v. Jones

102 F. Supp. 326 · District Court, W.D. Oklahoma · Dec 10, 1951

McLarney, Deputy Commissioner, notified the Foundation of the Commissioner’s decision that the Foundation was engaged in activities which would prevent its being qualified as exempt under Section 101(6) of the Internal Revenue … An examination of the cases relied upon by the defendant and the United States clearly shows that those cases are not applicable to the case now before the court.

Smith v. Allbaugh

District Court, W.D. Oklahoma · Jul 29, 2022

On that interlocutory appeal, the pleading issue addressed by the Tenth Circuit was the Senior Defendants’ entitlement to qualified immunity on federal constitutional claims that had been brought by Plaintiff pursuant to … In concluding that the Senior Defendants were entitled to qualified immunity on those federal claims, the Tenth Circuit held that Plaintiff had “failed to sufficiently plead that Mr. Allbaugh and Mr.

Gold Kist Peanut Growers Association v. Waldman

377 P.2d 807 · Supreme Court of Oklahoma · Nov 28, 1962

An examination of the amended petition of the plaintiff and the allegations made therein and as stated above clearly and without question reveal *810 that the plaintiff by his petition predicates his action upon fraud, misrepresentation … It is a well established rule of evidence that whether a witness is sufficiently qualified to testify as an expert is a preliminary question for the determination of the court, and that the qualification of the witness to

Porter v. State

76 Okla. Crim. 16 · Court of Criminal Appeals of Oklahoma · Jan 27, 1943

The motion alleges that Pittsburg county has now and has had for a long number of years a large negro population, among whom are about 2,000 negroes who are competent and qualified to serve on petit juries, but that no negroes … It is sufficient to state that the evidence establishes one of the most cold-blooded and bestial homicides shown by the records of this court.

STATE v. BRADLEY STATE v. BRODIE

2018 OK CR 34 · Court of Criminal Appeals of Oklahoma · Nov 15, 2018

The magistrate must consider the proof established by the State in light of the statutory elements of the given offense. … If the elements of the crime are not proven, then the fact of the commission of a crime cannot be said to have been established.

Marler Ex Rel. Nowata Senior Citizens Center v. Kloehr

274 P.3d 849 · Court of Civil Appeals of Oklahoma · Jan 26, 2012

Klochr argued that the protective order should have been denied because Marler did not establish that she had a family or dating relationship with Kloechr and Marler did not provide a copy of the complaint made to law enforcement … We express no opinion as to whether a letter, radio logs, and an incident report qualify as a "complaint" required by 22 O.S. § 60.2.A.1.

In Re the Assessment of Personal Property Taxes Against Missouri Gas Energy

234 P.3d 938 · Supreme Court of Oklahoma · Oct 21, 2008

The record clearly shows that MGE took title to purchased gas at the wellhead and was deemed to be the owner of delivered gas at the point of ultimate consumption. … If the interruption was for the convenience or safety of the goods or for "transit reasons," the goods remained immune from taxation.

In Re Richardson

224 B.R. 804 · United States Bankruptcy Court, N.D. Oklahoma · Sep 1, 1998

Another possible effect of the amendment is that a judgment lien creditor may now establish priority over later consensual creditors. … Section 5 Liens clearly impair the exemption-they can be foreclosed and the debtor can be dispossessed of his or her homestead.

In Re Initiative Petition No. 364

67 O.B.A.J. 3874 · Supreme Court of Oklahoma · Dec 10, 1996

is indeed a critical attribute for qualifying a measure under the State’s constitutional initiative. … Any change in this State’s constitution, to be effected by the initiative process, must hence qualify as law.

Weber v. Dillon

7 Okla. 568 · Supreme Court of Oklahoma · Jul 30, 1898

Dillon is the duly elected, qualified, and acting county treasurer of said county, charged and required by law to collect all taxes of all kinds — -territorial, county, municipal,-and other taxes,— *570 for the year 1807, … This doctrine has been well established, not only by the decisions of this Territory, but by the courts of other states. (Bardrick v. Dillon, supra; Hudson v. Commissioners, 12 Kan. 140.)

Morris v. Oklahoma Department of Human Services

758 F. Supp. 2d 1212 · District Court, W.D. Oklahoma · Sep 24, 2010

DHS determined that in order to qualify for Medicaid, Mrs. Morris needed to spend down her $53,906 spousal share to $2,000. (Id. at 3-4.) Thereafter, Mrs. … Owens, 464 F.3d 1139, 1143 (10th Cir.2006) (“[T]he district court did not clearly decide whether this portion of the [Medicaid] statute creates a federal right enforceable under § 1983, but the parties have not disputed the

Hurley v. Anicker

51 Okla. 97 · Supreme Court of Oklahoma · Jul 20, 1915

We call special attention to the qualifying clause in the quotation given, “the other party being ready and willing to proceed and fulfill all his stipulations according to the contract.” … terms, without any fault upon the paid; of the vendor, who is willing to perform, is not entitled to come into court and recover the portions of the purchase price that he has paid under the contract; but this case just as clearly

Hawley

District Court, W.D. Oklahoma · Mar 27, 2026

Garner is therefore also entitled to qualified immunity. Montoya v. Vigil, 898 F.3d 1056, 1064 (10th Cir. 2018). 2. … Further, even the Motion’s two sections are not clearly divided as to non-Monell claims and Monell claims.

WALTERSCHEIDT v. HLADIK

2022 OK 57 · Supreme Court of Oklahoma · Jun 14, 2022

If applicable, an individual volunteer qualified for appointment as a guardian of a veteran pursuant to the Veterans Volunteer Guardianship Act. … The Order Appointing Guardian was not clearly against the weight of the evidence or contrary to law.

Jordan v. Phillips

344 P.2d 600 · Court of Criminal Appeals of Oklahoma · Sep 23, 1959

There are well-established exceptions to this fundamental right. … It is well established that in order to benefit from our statutes securing a speedy trial, the accused must demand trial; if he does not make such demand he waives his right.