Case law

Pilgrim v. State

3 Okla. Crim. 49 · Court of Criminal Appeals of Oklahoma · Oct 9, 1909

This provision of our statute affirmatively establishes the admissibility of such testimony. By virtue of this provision the evidence of the grand jurors was clearly competent. … The law presumes the defendant innocent until his guilt is established by competent evidence beyond a reasonable doubt.

Horn v. Sturm

408 P.2d 541 · Supreme Court of Oklahoma · Mar 16, 1965

The deputy also testified such procedure was an established custom, engaged in to accommodate the attorneys in that county. … Affidavits of two of plaintiff’s counsel relative to misconduct of certain jurors during the course of the trial, and in their actions in qualifying themselves on voir dire examination as fair and impartial jurors when such

Rogers v. Lassiter, Adm'r.

196 Okla. 228 · Supreme Court of Oklahoma · Dec 4, 1945

In plaintiff’s first amended petition it is alleged, in substance:, that he is the duly appointed and qualified administrator of the estate of Spencer Adams, deceased; that there is due and owing him as such administrator … The action was not upon this contract but was clearly disclosed by the petition and the evidence to be an action for money had and received by defendant for plaintiff’s use and benefit.

Stephenson v. Oneok Resources Co.

75 O.B.A.J. 3042 · Court of Civil Appeals of Oklahoma · May 21, 2004

Operator objected, arguing the Oklahoma Supreme Court had recently adopted Dawbert 4 requiring a person to be qualified before testifying as an expert. … If the parties used technical words, they should be interpreted in the way that they are usually understood by persons in the business in which they are used, unless clearly used in a different sense.

Avery v. Nelson

455 P.2d 75 · Supreme Court of Oklahoma · Apr 22, 1969

Initially we think it should be said that while the right to take pretrial discovery depositions is afforded by our statutes, even though the purpose may merely be to prepare the taker for trial, the right is qualified by … The matter is clearly for the legislature.

Gray v. Stillman

365 P.2d 369 · Supreme Court of Oklahoma · Sep 26, 1961

It appears more likely that grantors intended specific persons in being as recipients of the delivery of the deed, rather than whomever might qualify as “blood heirs” of Corles N. … Phelps, 105 Ind.App. 344 , 11 N.E.2d 503 , where a qualifying clause following the' granting clause provided that after' death of the grantee the land should 'pass to her daughter, it was held *376 clearly intended that grantee

Miller v. Delaware Insurance Co. of Philadelphia

14 Okla. 81 · Supreme Court of Oklahoma · Mar 4, 1904

The assured will keep a set of books which shall clearly and plainly present a complete record of the business transacted, including all purchases as well as shipments of said stock, both for cash and credit, from the date … He argues that the word “entire” has no limitation as here used, and that no qualification can be found; that all of the words which were previously held to ■qualify had been omitted, and that it stands without limitation

Brown v. State

9 Okla. Crim. 382 · Court of Criminal Appeals of Oklahoma · May 19, 1913

The law upon this subject is clearly and correctly stated in 12 Cyc. p. 488, as follows: "(2) To Prove Corpus Delicti. It is not necessary that the corpus delicti should- be established by direct and positive proof. … All* of the circumstances in this ease point with unerring certainty to the guilt of these parties just -as the spokes' of a wheel all point to the central hub, and we believe clearly and conclusively establish the ’ corpus

In re Agrawal

560 B.R. 566 · United States Bankruptcy Court, W.D. Oklahoma · Nov 1, 2016

Okla. 2005) (because $28,000 of petitioning creditor’s $83,000 claim was objectively undisputable, creditor held undisputed claim in excess of the statutory minimum and was therefore qualified petitioning creditor). … Conclusion If court documents and arguments clearly establish that a claim is or is not subject to a bona fide dispute, a trial is unnecessary to determine whether an involuntary petition is jurisdictional.

Opinion No. (2006)

Oklahoma Attorney General Reports · Dec 20, 2006

The current CSSP "is a continuation of the program established in 1988 by Section 991a-4 of Title 22," which is now repealed. 1 Id. § 991a-4.1(A). … Additionally, the language dealing with the reimbursement of emergency medical care expenses does not limit, qualify or exclude other medical care expenses from reimbursement as "necessary expenses."

Opinion No. 74-143 (1975) Ag

Oklahoma Attorney General Reports · Apr 21, 1975

Article XIIIA, Section 1 of the Oklahoma Constitution goes on to qualify the specific term "institute of higher education" by the phrase " supported wholly or in part by direct legislative appropriation." … The purpose, intent and objective of Article XIII-A of the Oklahoma Constitution clearly appears to be the establishment of a state system of higher education composed of institutions of collegiate or more advanced grade,

Lane v. State

265 P.3d 764 · Court of Civil Appeals of Oklahoma · Sep 14, 2011

have proved unsuccessful," § 1912(d); and (2) "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 … Instead, the Supreme Court has adopted a construction of the ICWA designed to achieve clearly expressed Congressional policy, even where that construction results in the curtailment of state authority.

Schonwald v. Ragains

32 Okla. 223 · Supreme Court of Oklahoma · Mar 12, 1912

Men now see clearly that freedom of action may, even in the industrial world, work injuriously for the public, and it must then be restrained in the public interest. … Flood, supra-, established the fact that Allen infringed no right of the plaintiffs, although he acted maliciously.”

Coppola v. Fulton

62 O.B.A.J. 681 · Supreme Court of Oklahoma · Feb 26, 1991

During a home visit on January 15, 1987, a case worker established that Coppola had actually received $1,615.00 of a $3,000.00 settlement. … The state rule uses the same language as its federal counterpart and clearly requires that allowable deductions be earmarked in the settlement or award for payment in order to be excluded as income.

Smith v. State

737 P.2d 1206 · Court of Criminal Appeals of Oklahoma · May 19, 1987

It is the opinion of a majority of this Court that Oxendine and other cases of this jurisdiction clearly support the admissibility of the photographs. … The photographs were also material in establishing the intent of the culprit; in this case, malice aforethought.

Graves v. Mazda Motor Corp.

675 F. Supp. 2d 1082 · District Court, W.D. Oklahoma · Dec 17, 2009

The expert’s general credentials were clearly as good as could reasonably be expected, but she had done no research “specifically looking at this nail,” id. at 969 , and had not drafted a warning for a surgical device. … Curtis ... easily qualifies as an expert under Federal Rule of Evidence 702. The real question is, what is he an expert about?”) and Westfed Holdings, Inc. v.

ARTHUR MILLER v. CREEK COUNTY CHILD SUPPORT OFFICE, et al.

District Court, W.D. Oklahoma · Sep 3, 2026

The Child Support Offices are entitled to Eleventh Amendment immunity. … The party asserting arm-of-the-state status ordinarily bears the burden of establishing it.30 Defendants have carried that burden.

Amoco Production Co. v. Lindley

609 P.2d 733 · Supreme Court of Oklahoma · Jan 15, 1980

On equitable principles and in consideration of public policy, relief by injunction should not be granted unless the claim that the plan or process is a trade secret is clearly established, While injunction may issue before … Under the circumstances of this case, the Judge has clearly abused his discretion.

Territory of Oklahoma Ex Rel. Oklahoma Gas & Electric Co. v. DeWolfe

13 Okla. 454 · Supreme Court of Oklahoma · Sep 10, 1903

Relator further says, that in laying gas pipe it is necessary that said pipe be laid to an established grade in order to secure proper drainage, and that if the said defendants are permitted to lay their mains, as aforesaid … and council in legal session, and of which there is no complaint even by plaintiff in error, would cure such irregularities, and thereby bind the city. *466 The order of the district judge dissolving the injunction was clearly

McCarty v. State

765 P.2d 1215 · Court of Criminal Appeals of Oklahoma · Dec 30, 1988

(O.R. 150) Clearly, appellant was deprived of a fair and adequate opportunity to have critical hair evidence examined by an independent forensic expert. … Gilchrist would give such an improper opinion, which she admitted she was not qualified to give.