Case law

Stiles v. State

66 O.B.A.J. 2899 · Court of Criminal Appeals of Oklahoma · Sep 14, 1995

As the district court’s Order denying post-conviction relief noted, this mitigation expert would not have been qualified to testify at Stiles’ 1986 trial, and nothing in the record before us suggests any similar expert would … This Court has clearly-stated that Mitchell is not retroactive and will not be applied to cases which were final prior to its decision. 20 Stiles is not entitled to relief under Mitchell, and this claim is denied.

Brader v. James

49 Okla. 734 · Supreme Court of Oklahoma · Jan 11, 1916

This intention is clearly expressed in various sections of the act, particularly in sections 19, 21, 22, and 23. … Once rightfully established and asserted, they are presumed to exist, and to continue to exist' until abandoned by express terms.

Queenan v. Territory of Oklahoma

61 L.R.A. 324 · Supreme Court of Oklahoma · Sep 4, 1901

The doctrine is also well established by decisions of the supreme court of the United States that the provisions of the federal constitution relating to trial •by jury for crimes, and .to criminal prosecutions, apply to the … petit juries within their counties •or subdivisions respectively. * * *” Section 2, chapter 13, of the Session Laws of 1899, iu relation to the qualification of electors in this territory, provides as follows: “The term ‘qualified

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. NICHOLS

488 P.3d 734 · Supreme Court of Oklahoma · May 25, 2021

The evidence submitted clearly shows that Respondent failed to timely notify his existing clients of his suspension in accordance with Rule 9.1, RGDP. … Though emotional, psychological, or physical disability may serve to reduce the actor's ethical culpability, it will not immunize one from imposition of disciplinary measures that are necessary to protect the public.

Pennsylvania Manufacturers' Ass'n v. Lechner

910 F. Supp. 2d 1291 · District Court, N.D. Oklahoma · Nov 16, 2012

to emphasize that there may be no coverage under the provisions of [the Policy] because: • coverage may be precluded because the allegations that the bodily injury was caused by intentional acts of the defendants may not qualify … Lechner clearly alleges that he was injured as a result of .defendants’ intentional acts.

Amoco Production Co. v. United States Department of the Interior

763 F. Supp. 514 · District Court, N.D. Oklahoma · Dec 18, 1990

To qualify for the 20 percent tax credit, a building owner need not seek National Park Service approval; the only substantive requirement was that the building be at least 40 years old. … process. 6 The State Historic Preservation Officer responded by maintaining that no procedural error occurred during the nomination of the Philcade, and that photographs and other documentation provided during the procedure established

Paterson v. Southwestern Bell Telephone Co.

411 F. Supp. 79 · District Court, E.D. Oklahoma · Mar 22, 1976

The . . . cases all raised *85 some question of eligibility under the plan — whether the employee had satisfied the requirement of continuous service, whether a beneficiary qualified as a dependent, etc. … which the employee is assigned in the service of the Company, or which he is directed to perform by proper authority, or in voluntarily protecting the Company’s property or interests, and there must be a clear and well-established

Terwilliger v. Home of Hope, Inc.

21 F. Supp. 2d 1294 · District Court, N.D. Oklahoma · May 21, 1998

Moreover, as the Tenth Circuit has stated: [a]n employer who asserts he is exempt from the Act “has the burden of establishing the exemption affirmatively and clearly.” … Thus, this requirement of the companionship services exemption also has been established.

Wicks v. United States

304 F. Supp. 3d 1079 · District Court, N.D. Oklahoma · Jan 22, 2018

The evidence, therefore, clearly suggests that this factor weighs in defendant's favor. … The record clearly suggests that this factor weighs in defendant's favor.

Opinion No. 75-244 (1975) Ag

Oklahoma Attorney General Reports · Nov 17, 1975

twenty-five (25) members, also with the Governor as an ex officio member, as now constituted, are hereby declared to be agents of the State of Oklahoma, and to hold as such directors until their successors are elected and qualified … each of these branches of government shall be vested in a separate body of public servants, and that the perfection of the system requires that the lines which separate and divide these departments shall be broadly and clearly

Oklahoma City Urban Renewal Authority v. Medical Technology & Research Authority

4 P.3d 677 · Supreme Court of Oklahoma · Apr 4, 2000

A project plan may contain a provision that the increments from certain local taxes or fees may be used to finance project costs in areas qualified under this act. … The Legislature may establish for this subsection, the same procedures and limitations authorized in subsection A of this section.

State Ex Rel. Miller v. Huser

76 Okla. 130 · Supreme Court of Oklahoma · Jul 15, 1919

of the Creek Tribe of Indians, all being of the full-blood, according to the approved rolls, and as to the lands inherited by said heirs from the deceased allottee “the restrictions are not removed, but merely relaxed or qualified … In performing that duty the Secretary of War will only execute the clearly expressed will of Congress, and will not, in any true sense, exert legislative or judicial power.

Morgan v. Midwest Regional Medical Center LLC

District Court, W.D. Oklahoma · Sep 25, 2019

Clearly, resolution of this dispute raises a question of fact which cannot be resolved at this stage. … Thus, Plaintiff has established a prima facie case.

Hancock v. Harpe

District Court, W.D. Oklahoma · Sep 17, 2024

The Tenth Circuit concluded that the plaintiff “fail[ed] to allege any facts showing how his property was taken for public use in violation of the Fifth Amendment,” thereby entitling the agents to qualified immunity on … Leaving aside the fact that he cannot amend his Complaint through Objection, Plaintiff’s additional allegations in his Objection do not establish a property interest protected by the Due Process Clause.

EOG Resources Marketing, Inc. v. Oklahoma State Board of Equalization

196 P.3d 511 · Supreme Court of Oklahoma · Oct 24, 2008

Const. art. 9, § 84 clearly sets out the criteria for determining which entities are public service corporations. … 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 due process of law, nor

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. WEIGEL

321 P.3d 168 · Supreme Court of Oklahoma · Feb 4, 2014

It is our responsibility to examine the record and assess the credibility and weight of the evidence in order to determine whether it clearly and convincingly establishes professional misconduct by the attorney and, if so … A violation of Rule 1.15(a) is established by the Respondent's failure to hold his clients' property separate from his own property.

IN RE THE MARRIAGE OF MORGAN

438 P.3d 837 · Court of Civil Appeals of Oklahoma · Dec 13, 2018

Moreover, there is a question about whether Mother would qualify for any such assistance that is based on a means test. … Dockets are established for administrative purposes. 20 O.S. Supp. 2000, 91.2(A).

Agi Consulting L. L.C. v. Am. Nat'l Ins. Co.

378 F. Supp. 3d 1056 · District Court, W.D. Oklahoma · Mar 28, 2019

P. 15(c) ), amendment of Plaintiff's complaint at this stage of the litigation to more clearly articulate its ERISA claims would be futile. … [P]laintiff also have actual knowledge that th[ose] facts establish[ed] a cognizable legal claim under ERISA ... to trigger the running of the statute." Wright , 349 F.3d at 330 .

Oxley v. City of Tulsa Ex Rel. Tulsa Airport Authority

794 P.2d 742 · Supreme Court of Oklahoma · Jul 3, 1990

Appraisers were again sent to establish a value for the property. … A prioritization plan was still established. As residential land, the appellant's property continued to have the highest priority.

Kirby v. Jean's Plumbing Heat & Air

222 P.3d 21 · Supreme Court of Oklahoma · Sep 22, 2009

to identify a specific theory of recovery nor to set out the correct remedy or relief to which he (or she) may be entitled. 9 A motion to dismiss should be denied if relief is possible under any set of facts which can be established … The statute of limitations clearly extinguished the plaintiff's remedy. Kirby urged that the discovery rule should be allowed to enlarge the period of limitations in § 95.