Case law

THE INSTITUTE FOR RESPONSIBLE ALCOHOL POLICY v. STATE ex rel. ALCOHOLIC 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.

Andrew v. State

164 P.3d 176 · Court of Criminal Appeals of Oklahoma · Jul 9, 2007

An abuse of discretion is "a clearly erroneous conclusion and judgment, one that is clearly against the logic and effect of the facts presented." C.L.F. v. … This statement is clearly a statement showing Rob's state-of-mind at the time.

Elliott v. Mills

335 P.2d 1104 · Court of Criminal Appeals of Oklahoma · Feb 25, 1959

The court said: "But if it be held that the establishment of a U.S. … But, the common law does establish the time that death must ensue as within a year and a day.

Hogan v. State

530 P.2d 1026 · Court of Criminal Appeals of Oklahoma · Jan 9, 1975

Freeman was a competent and qualified court reporter and that he took the notes and memos in the Ottawa County Grand Jury proceedings of November 28, 1972. Mr. … However, we feel the case at bar is clearly distinguishable from Green, supra. We call attention to the record wherein it states: “BY MR.

Jones v. State

201 P.3d 869 · Court of Criminal Appeals of Oklahoma · Jan 21, 2009

Phillips statements were given as the result of police questioning and therefore do not qualify as an excited utterance. As Ms. … This is clearly illustrated by Dr.

Allen v. State

862 P.2d 487 · Court of Criminal Appeals of Oklahoma · Nov 29, 1993

Here, however, while the evidence indicated the sexual relationship had ended, the evidence also clearly established that Allen and the secretary maintained a very close personal relationship up to the date of the death. … Allen contends in his fourth subproposition his experts were highly qualified and testified the physical evidence was consistent with his theory of the case.

Turner v. Porter

106 Okla. 180 · Supreme Court of Oklahoma · Dec 23, 1924

Berry executrix and executor respectively, they being named as such in the will, who thereupon immediately qualified and entered upon the discharge .of their duties. … Under the rule announced in the case just cited, we are clearly of the opinion that the trial court was right in sustaining the demurrer interposed to the evidence of the contestant at tUe conclusion of her testimony and

IN RE CITY OF EUFAULA INITIATIVE PETITION NO. 3

2022 OK CIV APP 29 · Court of Civil Appeals of Oklahoma · Jul 21, 2022

This stood in stark contrast to the general procedure set forth in Article 15, which clearly contemplated two separate filings of the petition, with only the second filing needing to contain the signatures of the requisite … In this particular case, the candidate "filing period" was established by as February 1-3, 2021, but we will use February 1st in our calculations.

Burch v. Allstate Insurance Co.

977 P.2d 1057 · Supreme Court of Oklahoma · Jan 5, 1999

This clearly is contemplated by § 3636. … Our use of the term "primary coverage" to describe the relationship between multiple UM carriers did not clearly establish that UM coverage was primary in circumstances such as those presented in the instant case.

In re the Adoption of M.J.S.

162 P.3d 200 · Supreme Court of Oklahoma · May 22, 2007

It further impacts the Court's determination that the Petitioners were morally and ethically qualified to be considered as potential adoptive parents. … Ensure and promote the best interests of the child in adoption and to establish an orderly and expeditious process for movement of adoption matters through the courts ..."

Englebright

District Court, N.D. Oklahoma · Apr 1, 2026

from suits seeking money damages unless Congress unmistakably waives that immunity. … Plaintiffs cleared the low bar established by the FTCA, even if they left it wobbling. Cf De Baca ». United States, 399 F. Supp. 3d 1052, 1229 (D.N.M. 2019), aff'd sub nom., Ohl- sen v.

State Ex Rel. State Bank Com'r v. Martin

177 Okla. 490 · Supreme Court of Oklahoma · May 5, 1936

The intention was to protect more adequately the creditors of these institutions, and to take from their pi'oprietors, to a qualified extent, the shield afforded by the corporate personality in which their individual ownership … Clearly, section 9216, supra, was applicable to defendant below, under the general view applied to liability of stockholders of banks and trust companies.

H. F. Wilcox Oil & Gas Co. v. Jamison

199 Okla. 691 · Supreme Court of Oklahoma · Mar 2, 1948

His written application for employment stated his occupation to be1 that of a mechanic and it was stated that other work for which he was qualified was that of a gas engine operator. … The second and last sentences of the paragraph clearly have reference to extraordinary risks. In reference to extraordinary risks, this court in Chicago, R. I. & P. Ry. Co. v.

Steeples v. Time Insurance

139 F.R.D. 688 · District Court, N.D. Oklahoma · Sep 30, 1991

There was no jury issue, nor did the court hold that ERISA provides solely equitable relief, only that equitable relief was proper in ERISA cases where irreparable harm was adequately established. Id. at 599 . … The last example may seem to be similar to this case, but it involved a question of statutory interpretation regarding sovereign immunity and Medicaid reimbursement. Bowen v.

Lindamood v. Jordan

District Court, E.D. Oklahoma · May 8, 2024

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. … Pursuant to Local Civil Rule 5.2(a), the amended complaint must be clearly legible, only one side of the paper may be used, and additional sheets of paper shall have margins of no less than one (1) inch on the top, bottom

Foshee v. Foshee

247 P.3d 1162 · Supreme Court of Oklahoma · Dec 7, 2010

On appeal, this Court will not disturb the trial court's judgment regarding custody absent an abuse of discretion or a finding that the decision is clearly contrary to the weight of the evidence. … Moore, 2009 OK CIV APP 27, ¶ 12 , 209 P.3d 318 the court determined that where evidence established parents could not cooperate, joint custody was properly terminated.

Gleason v. Wood, County Treasurer

28 Okla. 502 · Supreme Court of Oklahoma · Mar 21, 1911

Where it exists, it is to be rigidly scrutinized, and never permitted to 'extend, either in scope or duration, beyond what the terms of the concession clearly require. … If a different intent had existed, it would doubtless have been clearly manifested by the language employed.

State Ex Rel. Reirdon v. County Court of Marshall County

183 Okla. 274 · Supreme Court of Oklahoma · Jun 21, 1938

The wife was mentally incompetent and did not qualify as an executor. Her two brothers died, one in 1928 and the other in 1932. … It is well established that mandamus will not be granted to compel a court to act in causes between private parties where the party complaining has an adequate remedy at law. Southwestern Nat. Gas Co. v.

City of Chickasha v. Foster

173 Okla. 217 · Supreme Court of Oklahoma · Jun 4, 1935

A limitation was provided as to .valuation and a requirement was made for a % vote of the qualified voters voting at an election held for the purpose. Other restrictions were imposed. … Thus in our decision we are bound by the general rule: “Municipalities cannot issue bonds or other like securities unless the power to do so is conferred by legislative authority, either express or clearly implied, and any

Question Submitted by: The Honorable Bobby Cleveland, State Representative, District 20

2015 OK AG 9 · Oklahoma Attorney General Reports · Oct 6, 2015

As such, the Court found the district's policy violative of the Establishment Clause. … The Court held that "[t]he church group in Lamb's Chapel would have been qualified as a social or civic organization, save for its religious purpose."