Case law

United States v. Revis

22 F. Supp. 2d 1242 · District Court, N.D. Oklahoma · Oct 8, 1998

Clearly, this result cannot obtain. … Clearly, there exist statutory exceptions to the general prohibition against giving something of value for or because of testimony.

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.

State Ex Rel. Haskell v. Huston

21 Okla. 782 · Supreme Court of Oklahoma · Aug 29, 1908

for the territory of Oklahoma an Attorney General who shall be appointed by the Governor by and with the consent of .the legislative counsel, who shall hold his office two years and until his successor is appointed and qualified … It is useless to cite further authority in support of so well established a doctrine.

Breshers v. State

572 P.2d 561 · Court of Criminal Appeals of Oklahoma · Dec 2, 1977

The defendant further asserts that the witness was not qualified to testify about the weapon. Citing Harvell v. … Clearly this falls within the purview of 21 O.S. 1971 , § 711: "Homicide is manslaughter in the first degree in the following cases: "1.

Welch v. Focht

67 Okla. 275 · Supreme Court of Oklahoma · Feb 12, 1918

The distinction between jurisdiction and the exercise of jurisdiction was clearly defined by this court in an opinion by Mr. Chief Justice Sharp in the case of National Surety Co. et al. v. S. H. … We quote from the opinion: “It is well established that, when a court has jurisdiction of 'the subject-matter and of the parties in an action, the orders and judgment of the court are not void on account of mere defects in

Shields v. State

32 Okla. Crim. 344 · Court of Criminal Appeals of Oklahoma · Sep 14, 1925

Considering the first assignment; i. e., insufficiency of the evidence, the larceny of the car is established beyond question and its possession traced to the defendant a few days after it was stolen. … There was no effort to show that any immunity was promised Owen and the presumption Is that he testified voluntarily. Dumas v. State, 19 Okla. Cr. 413 , 201 P. 820 .

DeRosa v. State

75 O.B.A.J. 1267 · Court of Criminal Appeals of Oklahoma · Apr 22, 2004

In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors … The victim impact statements in this case raise very serious questions, particularly Tol-bert’s sentencing recommendation, which violates our clearly established caselaw regarding the authorized "concise” and "unamplified

State Ex Rel. Attorney General v. Martin

125 Okla. 51 · Supreme Court of Oklahoma · May 21, 1927

and conclusively established. … “The acts charged against Judge Monroe would, if true, clearly constitute misuse of his judicial office and misconduct in office.

Chris Well Servicing Co. v. Coryell

435 P.2d 610 · Supreme Court of Oklahoma · Nov 21, 1967

“Such construction should only be adopted where the Legislature has clearly expressed its intention.” … I am of the firm opinion that the foregoing authorities establish that a domestic corporation may be subjected to suit as reasonably may be provided by its creator, the State, speaking through its Legislature; that Kansas

Eaves v. Penn

426 F. Supp. 830 · District Court, W.D. Oklahoma · Jan 7, 1977

The Court finds that the name of an established and well-known business is a valuable asset. 26. … Rather, it is the effect of such action in this particular case, and the manner in which that decision was made and carried out, which is clearly violative of the protections intended to be derived from ERISA.

SPENCER v. WYRICK

392 P.3d 290 · Supreme Court of Oklahoma · Mar 7, 2017

This proceeding is clearly a collateral attack by a private individual and is not permitted. ¶3 This Court possesses original jurisdiction to issue writs of quo warranto per 12 O.S. 2011 § 1532 and to issue writs of prohibition … At the conclusion of this stage, the Commission nominates the three applicants it has determined to be best qualified. ¶6 The second stage of the constitutional selection process is conducted by the Governor.

Bley v. Independent School District No I-041 of Oklahoma County

District Court, W.D. Oklahoma · May 9, 2023

The second element requires Plaintiff to show that she is a qualified individual. … The first step of this framework requires the plaintiff to establish a prima facie case of discrimination by showing (1) that she is disabled within the meaning of the ADA; (2) she is qualified for the job held or desired

OKLAHOMA INDEPENDENT PETROLEUM ASSOCIATION v. POTTS

414 P.3d 351 · Supreme Court of Oklahoma · Mar 19, 2018

Accordingly, Opponents in this matter bear the burden of demonstrating the proposed initiative petition is clearly and manifestly unconstitutional. … and maintaining public libraries "upon petition initiated by not less than ten percent (10%) of the qualified electors of the county"); id. art.

In Re Adoption of G.D.J.

261 P.3d 1159 · Supreme Court of Oklahoma · Sep 20, 2011

regular contact with the child through frequent and regular visitation or frequent and regular communication to or with the minor child, and further that she has not exercised her parental rights and responsibilities are clearly … No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence, beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued

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.

Jones v. Turnkey Medical Services

District Court, E.D. Oklahoma · Jan 31, 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.

O'Neil Engineering Co. v. Incorporated Town of Ryan

32 Okla. 738 · Supreme Court of Oklahoma · May 14, 1912

And further: “No one idea stands out more clearly than that barriers should be erected against. the creation of municipal indebtedness.” … In that case' an act #of the Legislature authorized the appointment of commissioners to lay out and establish public roads and streets.

Drew v. Social Security Administration

District Court, N.D. Oklahoma · Feb 28, 2020

Plaintiff has Guillain-Barré syndrome, which is a disorder in which the body’s immune system attacks its nerves. Id. at 43. … The Social Security Administration has established a five-step process to review claims for disability benefits. See 20 C.F.R. § 404.1520.

City Nat. Bank of Duncan v. Soderberg

171 Okla. 369 · Supreme Court of Oklahoma · Jan 14, 1935

established. * * * The bank retained all its rights in the division wall which are not inconsistent with the enjoyment of the easement. … Loyd from her husband, it appears to be the uniform ruling of the courts that she was entitled to claim the immunity of a purchaser without notice.

Salter v. State

2 Okla. Crim. 464 · Court of Criminal Appeals of Oklahoma · Jun 26, 1909

Mathers, the duly qualified and acting county attorney in and for Carter county, state of Oklahoma, and on his official oath gives the county court in and for said Carter county and state of Oklahoma to know and be informed … S., supra, and under the foregoing clause of said Schedule we believe said provision to be clearly repugnant *480 to the Constitution.