Case law

McElmurry v. State

73 O.B.A.J. 21 · Court of Criminal Appeals of Oklahoma · Dec 2, 2002

Distefano, was not qualified to give an opinion on pain. The basis for his claim that the doctor was not qualified to give an opinion on pain is not apparent. … These events can be established by both expert and lay witnesses.

Rogers v. State

890 P.2d 959 · Court of Criminal Appeals of Oklahoma · Mar 8, 1995

Mansfield is clearly distinguishable, as there was only one transaction in that case. … Sufficient independent evidence corroborated Rogers’ confession to establish its trustworthiness.

Woodson v. Ford Motor Credit Co. (In Re Thompson)

101 B.R. 658 · United States Bankruptcy Court, N.D. Oklahoma · Jul 5, 1989

In most cases, qualifying for a lease is no different than qualifying to finance a vehicle’ ” and describes the lease as “an alternative to financing ... new cars.” … Thus far, it appears that these leases place all incidents of ownership in the lessee, but do not clearly establish an equity in the lessee nor extinguish the lessor’s reversion as a matter of law.

Eureka Reserve Life Insurance v. Glazner

115 Okla. 180 · Supreme Court of Oklahoma · Dec 8, 1925

section 3” of the by-laws, but we find no “article 3” therein, and section 3 only provides that the directors and officers of the association shall be elected annually and hold office until their successors are elected and qualified … In Bacon on Benefit Societies, section 187, the rule is stated as follows: “It is a settled rule of construction that laws will not be interpreted to be retrospective unless by their terms it is clearly intended to be so.

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. GREEN

465 P.3d 1197 · Supreme Court of Oklahoma · Apr 28, 2020

¶21 In Count I, as the facts show, Respondent's actions clearly show that he was in violation of professional responsibility rules, specifically those relating to Competence, Diligence and Communication during his representation … Giger II explains it this way: Emotional or psychological disability may serve to reduce a legal practitioner's ethical culpability, but does not immunize that person from imposition of disciplinary measures that are necessary

State Ex Rel. Cartwright v. Dunbar

618 P.2d 900 · Supreme Court of Oklahoma · Jan 29, 1980

After compliance with the condition and before patent, the state could tax.” *910 When Lederman was decided the United States Supreme Court had clearly established that an executory contract to sell lands by the United States … Under such an analysis, the interests of Koehring and Chesterfield who are holding under executory contracts of purchase, do not qualify for exemption under this section.

Price v. Driscoll

District Court, E.D. Oklahoma · Jul 8, 2025

Plaintiff’s proposed Second Amended Complaint now clearly identifies his age, but refers to the ages and genders of others in generalized terms, e.g., “female 50+,” “male age 40+,” “female 30+,” and “female 20+.” … Further, it is not disputed that Plaintiff applied for a position for which he was qualified.

In Re Four Seasons Securities Laws Litigation

370 F. Supp. 219 · District Court, W.D. Oklahoma · Jan 18, 1974

Mere preponderance of the evidence is not sufficient to establish a constructive trust. Rather, it must be established by evidence which is clear, definite, unequivocal and satisfactory. … Mere preponderance of the evidence is not sufficient to establish a constructive trust. Rather, it must be established by evidence which is clear, definite, unequivocal and satisfactory.

Lindsey v. United States

693 F. Supp. 1012 · District Court, W.D. Oklahoma · Feb 9, 1988

In contrast to the previous record in the case, which clearly established that the government had agreed but failed to produce the records in question, Mr. … Oklahoma law ordinarily requires in a medical malpractice action that Plaintiff establish the alleged malpractice by the testimony of a qualified medical expert. Joplin v.

Skadal v. Smith

District Court, E.D. Oklahoma · May 7, 2024

The Court must identify any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such … 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.

NYE v. BNSF RAILWAY CO.

2018 OK 51 · Supreme Court of Oklahoma · Jun 19, 2018

Further, in its brief, BNSF only claimed immunity from damages under Nye's warning device claim but not immunity from suit. … A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train; 2.

Opinion No. 78-300 (1979) Ag

Oklahoma Attorney General Reports · Jan 4, 1979

In connection with this conclusion, it is understood that such handicapped children must, to qualify for funding assistance, meet all other applicable eligibility requirements and criteria under this program. … This question must clearly be answered in the affirmative. 70 O.S. 13 -101 [ 70-13-101 ] (1978) provides, in part: "The several school districts of Oklahoma are hereby authorized to provide special education necessary for

Ex Parte Lewis

85 Okla. Crim. 322 · Court of Criminal Appeals of Oklahoma · Dec 17, 1947

Such a holding would be clearly unwarranted in our opinion. … First, either the accused may be found guilty by reason of the fact of the crime and the establishment of his identity as the person who committed the same; and, the establishment of his mental capacity to know the wrongfulness

Barnett v. Bridges

District Court, N.D. Oklahoma · Mar 28, 2025

. § 1997e(a); (2) Barnett fails to state any claims on which relief may be granted; (3) Defendants are entitled to qualified immunity, to the extent Barnett asserts any individual capacity claims; and (4) Defendants are … immune from a suit for monetary damages, to the extent Barnett asserts any official capacity claims.

Garland v. United States (In Re Garland)

385 B.R. 280 · United States Bankruptcy Court, E.D. Oklahoma · Mar 31, 2008

It appears to the Court that the house has been transferred so many times as to qualify for platinum status in most frequent flyer programs. … To qualify for a mortgage on the Residence, the mortgage company required that Douglas have access to funds sufficient to make the monthly payments.

DAVISON v. STATE

478 P.3d 462 · Court of Criminal Appeals of Oklahoma · Nov 19, 2020

The Court has not clearly defined when a trial juror will be judged "unacceptable" in this sense. … The probative value of these three photographs, establishing K.B.'

Clayton v. State

63 O.B.A.J. 2803 · Court of Criminal Appeals of Oklahoma · Sep 24, 1992

Regarding issue properly preserved, the decision whether a witness qualifies as an expert is within the sound discretion of the trial court. Kennedy v. State, 640 P.2d 971, 977 (Okl.Cr.1982). … The jury instructions given in the second *31 stage of appellant’s trial clearly set forth this standard.

McGregor v. State

885 P.2d 1366 · Court of Criminal Appeals of Oklahoma · Dec 6, 1994

Lanier, was not from Eastern State Hospital, had no actual knowledge of the records, and does not appear to have been qualified to introduce them. Admission of this testimony may have been error. … Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 (1964) established a defendant’s right to an in camera hearing on the voluntariness of his confession. .

Figueroa

District Court, W.D. Oklahoma · Feb 5, 2026

Araujo Bermudez does Not Qualify as Petitioner’s “Next Friend.” Ms. Araujo Bermudez has not established the stringent criteria for “next friend” standing to bring a lawsuit on behalf of Petitioner. … The burden is on the next friend to “clearly . . . establish the propriety of his status and thereby justify the jurisdiction of the court.” Id. at 164; see also Jiron v. Swift, 671 F.

Gaines v. Maynard

62 O.B.A.J. 934 · Supreme Court of Oklahoma · Mar 19, 1991

The prison authorities have not established policies for administrative appeals from administrative decisions of prison officials to the district courts; 15. … Constitution are: "* * * No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without