Case law

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

Breedlove v. State

516 P.2d 553 · Court of Criminal Appeals of Oklahoma · Nov 2, 1973

At that time he didn’t say anything until he got to the police station when he observed some of the other Defendants, and he said, ‘Yes, I might as well since you have got us all here.’ ” (Tr. 387-388) The record thus clearly … Such application has also been applied in the cases involving witness immunity statutes, as they pertained to the privilege against self-incrimination.

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."

McCoy v. Farris

District Court, E.D. Oklahoma · Jan 12, 2023

Stat. tit. 51, § 152.1, and § 1983 does not abrogate states’ sovereign immunity, see Will v. Mich. Dep’t of State Police, 491 U.S. 58, 66 (1989). … 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.

Dunham v. Jackson

349 P.2d 737 · Supreme Court of Oklahoma · Feb 16, 1960

Again we are confronted with another one of our well established rules stated in the body of the opinion in Bates v. … The defendants did not produce a disinterested, qualified building and repair contractor to state that said work was done in a “workmanlike manner.”

Truong v. Stitt

District Court, W.D. Oklahoma · Jul 19, 2022

“In every federal case, the party bringing the suit must establish standing to prosecute the action.” Elk Grove Unified Sch. Dist. v. … Rather, he complains throughout about the alleged violation of women’s right to privacy, which clearly does not implicate his rights.

Roberts v. Merrill

386 P.2d 780 · Supreme Court of Oklahoma · Nov 5, 1963

While the 1950 amendment did qualify the latter inhibition, it left the former intact and unaffected. … A similar time bar was tei-med by the California Supreme Court to be “in the nature of a qualifying condition in the exercise of any right to death benefits.” See, Ruiz v.

Walker v. Oak Cliff Volunteer Fire Protection District

807 P.2d 762 · Supreme Court of Oklahoma · Mar 27, 1990

FACTS On December 14, 1982, a special election was held to establish a fire protection district. … All persons resident of such proposed district, who are qualified electors in their respective precincts, shall be qualified to vote on such proposition." . Title 26 O.S.1981 § 8-109 provides in pertinent part: "...

Reeds v. Walker

157 P.3d 100 · Supreme Court of Oklahoma · Jun 20, 2006

Complete preemption alters the well-established division of jurisdiction between the state and federal courts. … Unlike the plaintiff in Sereboff, NAICO in this case is clearly seeking legal relief-to impose personal liability on defendants for money damages. .

Lowery v. State

192 P.3d 1264 · Court of Criminal Appeals of Oklahoma · Sep 5, 2008

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. … —were adequate to establish a "common scheme"); LaFayette v.

Lindley v. Life Investors Insurance

267 F.R.D. 382 · District Court, N.D. Oklahoma · Feb 17, 2010

A party seeking work product immunity under Rule 26(b)(3) must establish that the materials are (1) “documents and tangible things;” (2) “prepared in anticipation of litigation or for trial;” (3) “by or for another party … Gmeinder, 191 F.R.D. 638, 643 (D.Kan.2000) (Party asserting waiver of work-product immunity, rather than the party asserting the work-product protection, should have the burden to establish waiver.); Maldonado v.

Endicott v. Choctaw County City of Hugo Hospital Authority

District Court, E.D. Oklahoma · May 27, 2025

The party seeking the admission of the expert testimony has the burden to establish it’s admissibility by a preponderance of the evidence. Id at 592 n.10. … Rather it is clearly an opinion regarding how officers are trained to recognize signs of positional asphyxia and managing airways.

J. R. Rice Co. v. Hardeman-King Co.

130 Okla. 48 · Supreme Court of Oklahoma · Feb 14, 1928

The defendant in its answer had asserted payment *50 of tlie merchandise account which it was then undertaking to establish by its evidence. … The court first reasoned that both parties specified the bank, and then qualified this with the statement that “under the terms of the contract it says the buyer specifies the bank.”

Davis v. Muskogee, City of

District Court, E.D. Oklahoma · May 1, 2025

Davis’s constitutional rights and, as such, Defendant Jenkins was entitled to summary judgment and qualified immunity. (Docket No. 74). … Davis was a qualified individual with a disability; (2) Mr.

Bowman v. Bowman

639 P.2d 1257 · Court of Civil Appeals of Oklahoma · Dec 23, 1981

After weighing the evidence, we find the trial court clearly abused its discretion in several ways. … We note the trial judge erred significantly in such a way as to clearly reveal his personal sympathy with Wife’s plight.

Question Submitted by: Brenda Hoefar, Interim Director, Office of Disability Concerns

2023 OK AG 14 · Oklahoma Attorney General Reports · Dec 1, 2023

There are a few provisions of the Act in which it is clearly outlined that the CLO is exempt from those provisions. … This "demonstrates that the Legislature clearly intended the [CLO] to remain subject to the Central Purchasing Act." 1988 OK AG 61 , ¶ 10.

In Re the Adoption of M.J.S.

162 P.3d 211 · 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 order *215 ly and expeditious process for movement of adoption matters through the courts ..."

In Re Pollard

296 B.R. 531 · United States Bankruptcy Court, W.D. Oklahoma · Jun 23, 2003

This Court has noted that the presumption represents a “policy goal established by Congress that allows the court to use its discretion in applying section 707(b).” … Clearly, the burden of proof and burden of production in a motion to dismiss for substantial abuse rest with the moving party.

Lay v. State

179 P.3d 615 · Court of Criminal Appeals of Oklahoma · Feb 12, 2008

. *620 ¶ 7 Lay next argues a defendant who represents himself in the penalty phase of a capital trial must be granted the assistance of qualified standby counsel. … State, 2002 OK CR 16 , 45 P.3d 907, 912 (trial court’s ruling on motion for new trial based upon juror misconduct will not be overturned unless clearly erroneous). .

Zenith Radio Corp. v. Admiral Corp.

190 F. Supp. 41 · District Court, W.D. Oklahoma · Sep 15, 1960

The evidence establishes, however, that the Adler circuit differed sharply from the Andrews circuit in several ways. 33. … Considered as a whole, the Lutzens patent ■clearly deals with quite a different problem from that involved in the ’956 invention and none of the mounting means .