Case law

Hutchinson v. State

562 P.2d 867 · Court of Criminal Appeals of Oklahoma · Mar 29, 1977

After being qualified as an expert witness, Mr. Ballew testified that he had performed chemical analysis of the substances in the bags found under the front seat of the defendants’ car. … Additionally, it must be established that even with the exercise of due diligence the evidence could not have been produced at trial . . . (Emphasis added).

St. Louis S. F. R. Co. v. Hardy, District Judge

45 Okla. 423 · Supreme Court of Oklahoma · Jan 26, 1915

But we *429 think the facts and opinions in these cases clearly distinguish them from the rule we have here announced and the authorities cited in support thereof. … This court judicially knows that respondent, Hardy, is no longer judge of the district court of Choctaw county, and that he is now one of the qualified and acting justices of this court, and the Hon. C. E.

Blanchard Et Ux. v. State

21 Okla. Crim. 263 · Court of Criminal Appeals of Oklahoma · May 27, 1922

Such statute clearly authorizes the use of depositions of nonresident witnesses in behalf of the defendant in a .criminal ease. … ■said cause, if not expressly, clearly by implication, that such depositions should be read in evidence at tbe trial.

Mengert v. U.S. Transportation Security Administration

District Court, N.D. Oklahoma · Nov 30, 2020

Congress established the exhaustion prerequisite in order to limit unnecessary litigation. See McNeil v. … A copy of the complaint did not qualify, the agency said, “so we are unable to deem it presented at this time.” (Id.). On June 29, Ms.

In Re Williams Securities Litigation

496 F. Supp. 2d 1195 · District Court, N.D. Oklahoma · Jul 6, 2007

Mintzer clearly does not pick up where Mr. Mathis left off — and, as has been noted, Mr. … Plaintiffs contend that the evidence establishes the existence of factors clearly indicating that substantial doubt existed about WCG’s ability to con *1288 tinue as a going concern as of December 31, 2000. - These factors

Rowbotham v. State

542 P.2d 610 · Court of Criminal Appeals of Oklahoma · Sep 18, 1975

In these days of swift, widespread and diverse methods of communication, an important case can be *616 expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors … The photographs clearly depict the various bruises upon the child’s body and their probative value is not outweighed by the danger of prejudice to the defendant.”

IN THE MATTER OF THE REINSTATEMENT OF MCLAUGHLIN

2018 OK 41 · Supreme Court of Oklahoma · May 15, 2018

Failure to establish any of these essential conditions necessitates denial of reinstatement. … The record clearly reflects that so long as McLaughlin maintains his sobriety, he is an excellent lawyer and law abiding citizen.

Wells v. Territory

1 Okla. Crim. 469 · Court of Criminal Appeals of Oklahoma · Dec 9, 1908

The burden is upon the territory in this case to establish by the evidence, beyond a reasonable doubt, that the defendánt did sell or exchange to Katz Brothers, a firm composed of Jacob Katz and Isaac Katz, partners, doing … The forgoing authorities properly state the law as we'-find 'it: The instruction wás- clearly 'erroneous, and misleading to the *481 jury. The defendant’s objection to this instruction was well taken.

Allen v. State

67 O.B.A.J. 713 · Court of Criminal Appeals of Oklahoma · Feb 16, 1996

In fact, the trial court articulated quite clearly the rational basis for his sentencing decision. There is no error here. … A pattern of violent conduct toward family and strangers is established beyond a reasonable doubt by the evidence properly admitted in this case.

Smith v. Basin Park Hotel, Inc.

178 F. Supp. 2d 1225 · District Court, N.D. Oklahoma · Dec 27, 2001

Thus, neither the NATA brochure 7 nor the ESCC or Travel-ocity websites create contacts by Defendant which qualify for consideration under the minimum contacts test used to evaluate personal jurisdiction. … At one end of the spectrum are situations where a defendant clearly does business over the Internet.

In Re Goss

352 B.R. 309 · United States Bankruptcy Court, E.D. Oklahoma · Sep 18, 2006

To qualify for an exemption under Oklahoma law for tools of the trade, Okla. … Although profitability is not essential to the establishment of a trade or profession, the purpose of the exemptions is to provide support to the Debtor and his family; therefore, profitability is a consideration in establishing

OKLAHOMA GAS AND ELECTRIC CO. v. STATE ex rel. OKLAHOMA CORP. COMMISSION

2025 OK 15 · Supreme Court of Oklahoma · Mar 4, 2025

OG&E's successful proposal relied on the Large Load exception to RESCTA, which permits a supplier "extending its service" into another supplier's certified territory for qualifying large-load customers. … The record here does not clearly establish that the Commission had either a longstanding rule or a well-known de facto policy of permitting the disputed conduct.

Ricks Exploration Co. v. Oklahoma Water Resources Board

695 P.2d 498 · Supreme Court of Oklahoma · Oct 16, 1984

II PUBLIC LAW AND PRIVATE LAW CONSIDERATIONS Ricks contends that it qualifies as a landowner within the meaning of § 1020.11(D) and that it has a right of reasonable use of the groundwater in connection with its oil- and-gas … When the legislature sought to affect the mineral owner’s common-law right of free access and reasonable use of the surface for oil-and-gas purposes in the 1982 Surface Damages Act, it clearly and explicitly expressed this

Missouri-Kansas-Texas Railroad Co. v. Miller

486 P.2d 630 · Supreme Court of Oklahoma · May 25, 1971

The plaintiff, with 25 years experience as a switchman, was qualified to testify as an expert witness under the facts presented that the method of shoving was the proper and safer procedure. … In the first place such instruction is not supported by any evidence because the evidence clearly shows that plaintiff did look for danger and did use ordinary care.

Champion v. Jordan

District Court, W.D. Oklahoma · Sep 14, 2023

Champion in his response and Officer McCalister in his reply discuss the defense of qualified immunity, “[t]he defense of qualified immunity ‘is available only in suits against officials sued in their personal capacities … Thus, it is not necessary for the Court to determine whether any constitutional right was clearly established at the time of Officer McCalister’s actions. Regardless, the Court finds that Mr.

State ex rel. Pollution Control Coordinating Board v. Kerr-McGee Corp.

619 P.2d 858 · Supreme Court of Oklahoma · Nov 4, 1980

. *864 Defendant Cushing objected to the admission of testimony of a qualified expert reference his opinion as to the cause of the fish dying. … Before this court will reverse a case for alleged error in giving instructions, it must clearly appear that the instruction complained of has caused a miscarriage of justice. 14 Although the trial court no doubt erred in

Hancock v. Mutual Trust Co.

24 Okla. 391 · Supreme Court of Oklahoma · Jul 13, 1909

The Congress of the United States and the members of the different tribes clearly foresaw that the increasing pressure of white people surrounding these nations, crowding over and intermingling with them, rendered a further … continuance of their qualified tribal independence of the government of the United States not only impracticable and probably impossible of accomplishment, but also that the friction occasioned by an effort to continue it

Board of Com'rs v. Woodford Consolidated School Dist. No. 36

165 Okla. 227 · Supreme Court of Oklahoma · Feb 28, 1933

On the contrary, it clearly appears that the right was extended to the people to determine by a majority vote whether they desired to establish a consolidated school district. … In 1923, by a vote of the qualified electors of said consolidated school district, said consolidated school district was dissolved, and the county superintendent issued his proclamation to that effect, and re-established

Gregory v. Grove

547 P.2d 400 · Court of Civil Appeals of Oklahoma · Sep 2, 1975

far as the State of Oklahoma is concerned, we must apply the “minimum contacts” test and we must also consider whether or not the maintenance of a suit based thereon does not offend “traditional notions of fair play and established … advertisements in the yellow pages of the Tulsa telephone directory do not constitute solicitation of business, the correspondence between the appellant and the appellees which was generated by the advertisement referred to above, clearly

Opinion No. (1995)

Oklahoma Attorney General Reports · Mar 30, 1995

participants receive a set amount of play money or chips to be used in playing the various games at casino night; (c) Additional play money or chips may be purchased at extra cost; (d) Usually, a time period during the evening is established … charity games," the charity games authorized under that Act only include bingo games, U-PIK-EM bingo games, and breakopen ticket games. 3A O.S.Supp. 1994, § 402[ 3A-402 ] (6). ¶ 7 The "casino night" games you refer to are clearly