Case law

Savage v. State of Oklahoma, The

District Court, N.D. Oklahoma · Mar 15, 2024

See, e.g., Will, 491 U.S. at 67 (“We cannot conclude that § 1983 was intended to disregard the well-established immunity of a State from being sued without its consent.”); Patillo v. Larned State Hosp., 462 F. … Lansdown also asserts a qualified-immunity defense. Id. at 8-11.

State v. Dickson

332 P.2d 1109 · Court of Criminal Appeals of Oklahoma · Dec 10, 1958

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.

Prestel v. State of Oklahoma

District Court, E.D. Oklahoma · Apr 24, 2023

The State of Oklahoma, however, is immune from suit under the Eleventh Amendment. … The “denial of a grievance, by itself without any connection to the violation of constitutional rights alleged by the plaintiff, does not establish personal participation under § 1983.” Gallagher v.

Morrison v. Krouch

141 Okla. 288 · Supreme Court of Oklahoma · Sep 10, 1929

S. 1921, which is as follows: *290 “Every instrument purporting to be an absolute or qualified conveyance of real estate or any interest therein, but intended to be defeasible or as security for the payment of money, shall … The question is one of equitable cognizance. and therefore this court will not disturb the iudgment unless it is clearly against the weight of the testimony.

Opinion No. (2007)

Oklahoma Attorney General Reports · Feb 14, 2007

The Wheless court noted that the plaintiff was not discharged "for refusing to act in violation of an established public policy, nor for acting consistent with an established public policy. … Special District Judges may still be terminated at any time, for no reason or any reason and even in bad faith, as long as the termination does not violate such a clearly established public policy mandate. III.

GLOSSIP v. STATE

2023 OK CR 5 · Court of Criminal Appeals of Oklahoma · Apr 20, 2023

. ¶23 Clearly, the affidavits contain claims that were known, or could have been developed earlier with reasonable diligence. … The notes do not clearly have an amount of money. There is no factual basis for this part of the claim.

Opinion No. (2001)

Oklahoma Attorney General Reports · Oct 9, 2001

Such prior military service credit shall not apply to any person receiving military retirement benefits other than service-connected disability benefits established by either the military service or the Veterans Administration … consideration of the entire act clearly requires otherwise.

In re Mental Health of D. B. W.

616 P.2d 1149 · Supreme Court of Oklahoma · Aug 14, 1980

It is required by 43A O.S.Supp.1977 § 54.1(C) that the court shall first hold a probable cause hearing on the petition to establish whether the person in custody needs treatment. … This collateral consequences doctrine was clearly espoused in In re Ballay, 482 F.2d 648 (D.C.

Mullendore v. Mullendore

288 P.3d 948 · Court of Civil Appeals of Oklahoma · Sep 24, 2012

Id. 119 , 237 P.3d at 156 . 4 Clearly, the district court made that determination twice in this case. However, the district court's ruling on Father's initial request is not included in the record. … Father correctly cites the controlling authority: In matrimonial cases, attorney fee awards do not "depend on one's status as prevailing party in the case, [and] must be granted only to that litigant who qualifies for the

Holley

District Court, W.D. Oklahoma · Jan 6, 2026

, and is not to be established argumentatively or by mere inference.” … Holley argues that “the State is violating the Fourteenth Amendment,” pointing to the Privileges or Immunities Clause, which states that “No State shall make or enforce any law which shall abridge the privileges or immunities

ALLEN v. HARRISON

374 P.3d 812 · Supreme Court of Oklahoma · Apr 19, 2016

However, Physician testified that he was not qualified to perform an endoscopic or other surgical procedure to extract the nail, Those alternative treatment options, according to Physician, were beyond his field of practice … Clearly, Physician's recommenced course of treatment to "eat fiber and let the nail pass" falls under the "any other means of any nature whatsoever, for the cure, relief, palliation, adjustment or correction of any human

Southwestern Bell Telephone Co. v. State

204 Okla. 225 · Supreme Court of Oklahoma · Mar 8, 1951

The Company has had abundant opportunity to establish its contentions. In seeking to do so, the Company has submitted elaborate estimates and computations, but these have overshot the mark. … It is enough that the rates have been established by competent authority and that their invalidity has not been satisfactorily proved.”

Parker v. Lynch

7 Okla. 631 · Supreme Court of Oklahoma · Jul 30, 1898

The land department, on the showing made by both parties, found and held that Lynch was a qualified entry-man. That being true, should this court disturb such findings? … He does not have *663 to be a qualified entryman to initiate or prosecute a contest.

In Re Hentges

351 B.R. 758 · United States Bankruptcy Court, N.D. Oklahoma · Apr 18, 2006

Thus, the Court concluded that the Bank did not qualify as a petitioning creditor, and in the absence of three qualified petitioning creditors, the involuntary petition was dismissed. Id. at 7 . … Most of the allegations made to establish bad faith were not supported with admissible evidence.

Leftwich v. Court of Criminal Appeals

262 P.3d 750 · Supreme Court of Oklahoma · Sep 19, 2011

If the language is plain and clearly expresses the legislative will, further inquiry is unnecessary. [12] The Legislature has clearly and unequivocally expressed its intent that § 187 apply only to related sections found … This immunity shields all enactment-related conduct. Brock v.

Spivey v. State

69 Okla. Crim. 397 · Court of Criminal Appeals of Oklahoma · Jun 13, 1940

These provisions do not qualify or change the rule of the common law requiring that an indictment must be found on legal and competent evidence. … It is clearly sufficient and the trial court did not err in overruling the demurrer thereto.

Rocket Oil and Gas Co. v. Donabar

127 P.3d 625 · Court of Civil Appeals of Oklahoma · Nov 28, 2005

If Plaintiffs were claiming MRT to the fee simple title to the subject property, then the fee conveyance by the 1926 warranty deed might qualify as their root of title. … Although this deed clearly meets the Act’s definition of a “root of title” for Plaintiffs’ chain, whether it is the “root of title” which establishes MRT to the minerals in Plaintiffs sufficient to extinguish Defendant’s

Edwards v. Urice

75 O.B.A.J. 3061 · Court of Civil Appeals of Oklahoma · May 28, 2004

Therefore, the first element of § 17.1 was clearly established. … We deem an exercise by "written instrument" to be tantamount to an exercise "by deed" as those terms are defined above. 17 Here, the Bowers Trust was executed by Bowers, acknowledged and notarized and thus qualifies as a

Fisk v. Kundert

440 P.2d 690 · Supreme Court of Oklahoma · Apr 23, 1968

The correction survey established that the title was in the United States and the Act of Congress provided the grounds for procuring a patent. Grace A. … The record clearly reflects that Fisk then took possession and remained in exclusive possession by his tenants to and at the time of trial.

Wells Fargo Bank, N.A. v. Taylor

417 P.3d 1212 · Court of Civil Appeals of Oklahoma · Mar 9, 2018

Thus, Plaintiff satisfied its burden of establishing standing when it filed its foreclosure petition. See Toxic Waste Impact Group, Inc. v. … We find that, in this case, the contract is ambiguous if the named mortgagee does not qualify as a mortgagee pursuant to Oklahoma law.