Case law

Phoenix Insurance Co. v. School Dist. No. 132

102 Okla. 251 · Supreme Court of Oklahoma · Jun 17, 1924

This examination was made and this conversation had with the adjusters early in the month of September, 1922, and clearly within the 60 day period after the storm in question. … We see no reason under1 the circumstances why this witness, because of his acquaintance with the building, should not have been qualified by proper question, but this matter is not before us.

Slater v. United States

1 Okla. Crim. 275 · Court of Criminal Appeals of Oklahoma · Oct 16, 1908

The above cases present opr view of the law upon this question clearly and^Eully. In this case the affidavit is silent upon the question of dil™ence. … By the former act the provisions of this chapter were qualified by the words, “as far as are applicable”; but, by the latter act named, there was no *280 qualification or exception whatever.

IN THE MATTER OF THE ADOPTION OF B.T.S.

2016 OK CIV APP 21 · Court of Civil Appeals of Oklahoma · Mar 7, 2016

Moreover, Mother argues no "qualified expert witness" testified and "[n]owhere in the transcript is B.T.S.'s emotional and/or physical well-being discussed in the manner envisioned by § 1912(f)." … Clearly, as Mother herself points out, the Legislature is fully aware of the provisions of UCCJEA it has determined that courts should consider for venue matters in intrastate divorce actions.

Smith v. State

659 P.2d 330 · Court of Criminal Appeals of Oklahoma · Feb 10, 1983

The events surrounding this gruesome deed clearly provide sufficient indication of the appellant's intention to effect Denning's death. … In a First Degree Murder trial, when the jury is qualified to assess the death penalty, the court should be most cautious and follow the statutory provisions with certainty.

Opinion No. (2005)

Oklahoma Attorney General Reports · Oct 10, 2005

A sex offender from another state establishes a residence in Oklahoma and registers with the local law enforcement authority, yet, on a regular basis, stays five or fewer consecutive days in a jurisdiction other than the … The Oklahoma Supreme Court has recognized, "[t]he word `days,' when not qualified, means in ordinary and common usage calendar days." Davis v. Thompson, 721 P.2d 789 , 791-92 (Okla. 1986).

T.D. Williamson, Inc. v. Laymon

723 F. Supp. 587 · District Court, N.D. Oklahoma · Sep 21, 1989

that established firm, fixed price. … Similarly, the use of a Rosen geometric pig during the relevant period was not clearly established by the evidence.

Rucker v. State

88 Okla. Crim. 15 · Court of Criminal Appeals of Oklahoma · Jun 16, 1948

An ‘abuse of discretion’ by the court in passing on a motion for change of venue means a clearly erroneous conclusion and judgment, one that is clearly against the logic and effect of the facts presented in support of and … It establishes confidence of the victim was first obtained by means of friendship for an old neighbor, Bodine Loyd.

Martinez v. Sequoyah County Criminal Justice Authority

District Court, E.D. Oklahoma · Jan 3, 2022

To establish municipal liability for the actions of a municipal official in a § 1983 action, a plaintiff must show the “official possesses final policymaking authority to establish municipal policy with respect … Sawney’s constitutional rights, the Court need not reach the issue of qualified immunity. Moore v. City of Wynnewood, 57 F.3d 924, 931 (10th Cir. 1995). B.

CHILDERS v. CHILDERS

382 P.3d 1020 · Supreme Court of Oklahoma · Sep 20, 2016

latitude in determining the division of jointly-acquired property in a divorce proceeding, 11 and its distribution of a marital estate will not be disturbed absent an abuse of discretion or a finding that the decision is clearly … Both parties had a full and fair opportunity to hire experts; present evidence, and elicit testimony to establish the value of their business entities and property. One party failed to do so.

MITCHELL v. STATE

424 P.3d 677 · Court of Criminal Appeals of Oklahoma · Jun 28, 2018

Taylor , 2011 OK CR 8 , ¶ 40, 248 P.3d at 376 ("Relevant evidence need not conclusively, or even directly, establish the defendant's guilt; it is admissible if, when taken with other evidence in the case, it tends to establish … And clearly, a cumulative error claim is baseless when this Court fails to sustain any of the alleged errors raised on appeal. Id.

STEVENS v. FOX

2016 OK 106 · Supreme Court of Oklahoma · Oct 11, 2016

We noted the framers of our Constitution clearly intended a separation of powers between the executive, legislative and judicial branches of government. Id. … This Court also determined Oklahoma's extant jurisprudence clearly delimits the Court's power over the Legislature, citing Jones v.

Harber v. Hebco, Inc.

146 P.3d 876 · Court of Civil Appeals of Oklahoma · Oct 3, 2006

Plaintiff was responsible for the computer system from end to end, a computer system that was clearly integral to defendant's general business operations. … For example: If all a [statistician] does, in effect, is to tabulate data, he is clearly not exempt.

Serpik v. Manning

District Court, W.D. Oklahoma · Aug 22, 2025

U.S.C. § 636(b)(1)(A)”).1 Plaintiff’s proposed amended complaint continues to contain many of the same deficiencies that were addressed in prior orders, including frivolous sovereign citizen theories, claims against immune … Moreover, Plaintiff has established a pattern of suing the various judges assigned to his case (as well as attorneys representing opposing parties) and/or seeking their recusal after receiving an unfavorable judicial ruling

Henley v. United States

District Court, E.D. Oklahoma · Mar 28, 2024

He raised a single claim for relief, arguing that he was previously convicted in state court of attempted robbery with a firearm, rather than conjoint robbery, and that the prior conviction did not qualify as a violent … The court found, in part, that Defendant’s claim was not based on ineffective assistance of counsel and that “[h]is claim clearly falls within the scope of the waiver.” Id. at 3.

In Re Bo

177 P.3d 584 · Court of Civil Appeals of Oklahoma · Oct 5, 2007

. ¶ 8 The trial court recognized that both parties were qualified to adopt B.O. and had loving relationships with him. … Fourth, the court held the preference to place siblings together established in 10 O.S. 2001 § 7202(12) is not binding, because the best interest of each sibling was still the standard. ¶ 12 This court does not discount the

Pacheco v. El Habti

District Court, E.D. Oklahoma · Jan 16, 2020

established federal law.” … After careful review, the court finds the record in this case clearly establishes that trial counsel’s performance satisfied the requirements of Strickland.

Rojem v. State

130 P.3d 287 · Court of Criminal Appeals of Oklahoma · Feb 24, 2006

(Said transcript is mislabeled as August 8, 2003, but the court minute and docket sheet indicate this hearing occurred in August of 2002 and clearly before Appellant’s July, 2003 trial. O.R. 1572, 2040.) 6 . … Hadwiger was qualified to give expert opinion under Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), as adopted by this Court in Taylor v.

Opinion No.

Oklahoma Attorney General Reports · Jul 19, 2006

The United States Supreme Court has characterized the "core" of IDEA as "the cooperative process that it establishes between parents and schools." Schaffer v. … The court stated: The carefully drawn statutory language does not authorize these specially qualified individuals to render legal services.

Maxey v. Benton

483 F. Supp. 1 · District Court, E.D. Oklahoma · Feb 7, 1977

Clearly, therefore, there was no federal constitutional impediment to the consideration by the judge of the petitioner’s prior conviction and its use was purely a question of state law. … The burden on a petitioner to establish a *5 claim of ineffective assistance is great and neither hindsight nor success is the measure. Ellis v. Oklahoma, 430 F.2d 1352 (CA10 1970).

Skrapka v. Bonner

187 P.3d 202 · Supreme Court of Oklahoma · Apr 1, 2008

If it did, the trial court would be nothing more than a rubber stamp. 123 The statutory framework concerning children clearly includes and requires attempts to involve family members and attempts to keep children together … The Department of Human Services shall establish and operate a relative support program pursuant to eligibility guidelines established in this section and by rules of the Department promulgated thereto which will divert children