Case law

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.

United States v. Robinson

District Court, N.D. Oklahoma · Nov 19, 2020

The second superseding indictment clearly identifies the crime of violence for count three as the crime of armed bank robbery as charged in count two. Dkt. # 69, at 4. … Therefore, the defendant was attempting to rely on a new rule of constitutional law that had not actually been established by the Supreme Court, and he could not proceed with a second or successive § 2255 motion.

Bradley v. Sequoyah Fuels Corp.

847 F. Supp. 863 · District Court, E.D. Oklahoma · Mar 23, 1994

Under these circumstances, the court concludes it is highly unlikely that Lyons will ever return to work; consequently, he has failed to establish that he had, or has, a "reasonable expectation of recall" sufficient to qualify … Given the magnitude of the release and the ramifications which followed from it, the court can only conclude that the November 17, 1992, release, and its effects, were clearly within the contemplated statutory definition

Roberts v. Bryant

District Court, E.D. Oklahoma · Jan 24, 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 … 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.

In Re the Habeas Corpus of Langley

325 P.2d 1094 · Court of Criminal Appeals of Oklahoma · May 21, 1958

in this state and is clearly approved in the following cases: Ex parte Middaugh, 40 Okl.Cr. 280 , 268 P. 321 ; Adams v. … receiving a requisition and papers in proper form from the executive of the demanding state; and, while the obvious purpose of such provision is to prevent an offender against the justice of one state from gaining an asylum and immunity

Powell v. State

21 Okla. Crim. 332 · Court of Criminal Appeals of Oklahoma · Jun 19, 1922

On the trial the codefendants Hart and Cline voluntarily testified against this defendant, waiving all privileges and immunities. … The state only demands the punishment of its citizens when their guilt has been clearly established according to the forms of law and by the rules of evidence prescribed for ascertaining their guilt.

David v. Hodges

District Court, E.D. Oklahoma · May 9, 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 … Pursuant to Local Civil Rule 5.2(a), the amended complaint must be clearly legible, only one side of the paper may be used, and additional sheets of paper shall have margins of no less than one (1) inch on the top, bottom

Drum v. United States

193 F. Supp. 275 · District Court, W.D. Oklahoma · Aug 15, 1960

mile for back-haul of the Company’s raw materials, (2) payments under the agreement shall be made weekly, (3) motor vehicles covered by the agreement shall be operated by an employee of the Company who shall be properly qualified … In the instant case both the form and the substance of the arrangements as revealed by the lease agreements, union contract and actual operations, clearly point to the fact that what is involved here is private carriage on

Williams v. Sipes

District Court, E.D. Oklahoma · Sep 16, 2019

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. … Pursuant to Local Civil Rule 5.2(a), the amended complaint must be clearly legible, and only one side of the paper may be used.

Whitten v. McCurtain County Jail Trust

District Court, E.D. Oklahoma · Jan 5, 2023

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 … The Adenial 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.

FIRST UNITED BANK AND TRUST CO. v. Wiley

183 P.3d 1022 · Court of Civil Appeals of Oklahoma · Dec 19, 2007

An order vacating said judgment will not be disturbed on appeal unless it clearly appears that the trial court has abused that discretion, because an application to vacate a judgment, under 12 0.8.2001 § 1081, is addressed … The clear language of the statute qualifies it as a statute establishing a condition on the right to obtain a deficiency judgment.

Hellard v. Mid Century Insurance Company

District Court, N.D. Oklahoma · Feb 8, 2021

App. 2014) (emphasis added).2 Moreover, the court confirmed that the OUCSPA “does not establish standards of care or standards of conduct for measuring whether 2 Decisions of the Oklahoma Court of Civil Appeals released … Cary “has clearly reviewed the claims file and has a sufficient factual basis to offer opinions” regarding the handling of the claim. Magallan, 2017 WL 4012964, at *10.

LMR Oil, LLC v. Frazier

359 P.3d 1169 · Court of Civil Appeals of Oklahoma · May 4, 2015

'A com-pensable injury must be established by objective medical evidence. … A finding of major cause shall be established by a preponderance of the evidence.

Thomas v. Pauls Valley Boomarang Diner, LLC

320 F. Supp. 3d 1253 · District Court, W.D. Oklahoma · Jul 5, 2018

. § 216 (b) and whether Congress "clearly state[d] that a threshold limitation on [its] scope shall count as jurisdictional." *1258 2 Arbaugh v. … A "striking[ly]" broad definition, "the meaning of 'employee' ... cover[s] some parties who might not qualify as such under a strict application of traditional agency law principles." Id. (quoting Nationwide Mut. Ins.

Brashier v. Farmers Ins. Co., Inc.

67 O.B.A.J. 2338 · Supreme Court of Oklahoma · Jul 16, 1996

[2] Are the proceeds of UM indemnity to be treated in law as a *23 personal injury recovery, which qualifies them for 12 O.S.1991 § 727 [3] prejudgment interest? … The facts here are clearly distinguishable.

Southern Surety Co. v. Burney

34 Okla. 552 · Supreme Court of Oklahoma · Sep 12, 1912

Burney had been appointed in his stead, and had qualified as such, and at the time of the bringing of this suit was acting in that capacity; that by virtue of the judgment of the district court ordering Ellington to pay the … Upon their principal’s failure to obey the orders of the court, there is clearly a breach of the bond.

Stephens v. Oklahoma Department of Corrections

District Court, E.D. Oklahoma · Oct 23, 2019

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. … Pursuant to Local Civil Rule 5.2(a), the amended complaint must be clearly legible, and only one side of the paper may be used.

McCoy v. Miller

District Court, E.D. Oklahoma · Jun 10, 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.

Inter Insurance Agency Services Ltd. v. Insurance Department of the State of Oklahoma

District Court, W.D. Oklahoma · Jul 15, 2024

On June 18, 2024, the OID and Mulready (the “Movant Defendants”) moved to dismiss this action for lack of personal jurisdiction, lack of proper venue, and because the Insurance Department and Mulready are purportedly immune … communications sent between Defendants in Oklahoma and Plaintiffs in the Eastern District—these events did not directly give rise to the claims brought by Plaintiffs nor do they bear a sufficiently close nexus to the claims to qualify

Choctaw Nation v. Cherokee Nation

393 F. Supp. 224 · District Court, E.D. Oklahoma · Apr 15, 1975

We agree with Oklahoma that references to the Arkansas River are for the purpose of establishing reference points, monuments, or boundaries. … S. shall establish one or more Post Offices in said Nation, and may establish such military post roads, and posts, as they may consider necessary.”