Case law

Anderson v. Ritterbusch

22 Okla. 761 · Supreme Court of Oklahoma · Dec 21, 1908

McAllister, 12 Kan. 315 , the question before the court was the validity of a law providing that the board of .county commissioners of any county may, upon petition of a majority of the qualified electors of any township, … The language of the act is clearly retroactive.

IN THE MATTER OF THE REINSTATEMENT OF KERR

2015 OK 9 · Supreme Court of Oklahoma · Mar 3, 2015

There was consistent testimony that Kerr is better qualified now as an attorney than when he graduated from law school. ¶18 The evidence reflects that Kerr has not engaged in any activity as an attorney since the date of … I am not the selfish person and the arrogant person that I obviously was in 2007 when I committed that act because I clearly didn't think about ramifications outside of myself because I put my family, my wife, my two kids

Fitzgerald v. State

85 Okla. Crim. 376 · Court of Criminal Appeals of Oklahoma · Dec 22, 1947

Therefore any evidence which tends to establish a conspiracy should be submitted to the jury. … It was clearly established that appellant had asked for and received other bribes at times and from persons other than those charged in the indictment, under the same and like circumstances, and upon the same understanding

Osage & Oklahoma Co. v. Millard, Co.

45 Okla. 334 · Supreme Court of Oklahoma · Jan 9, 1915

Rep. 128 , it is said: “In our inquiries into the nature and limits of legislative power, as affecting this subject, we are not disposed to controvert or materially qualify the principle so emphatically enunciated by this … We are concerned only to ascertain clearly what the right is, and, having ascertained it, to maintain it inflexibly.”

Pettit v. Dolese Bros. Co.

68 O.B.A.J. 2701 · Court of Civil Appeals of Oklahoma · May 5, 1997

And, plaintiff offered evidence about other, less qualified employees who were not fired (who also had not filed workers’ compensation claims). Wallace, 850 P.2d at 1059 . … Had the jury answered that question in the negative, clearly it would have been the trial court’s duty to order Pettit reinstated to his former position.

In the Matter of Baby Boy L.

103 P.3d 1099 · Supreme Court of Oklahoma · Dec 7, 2004

; evidence; determination of damage to child 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 … Clearly the 10th Circuit questions the exception's viability as applied to the federal Act. 22 Title 10 O.S. 2001 § 7505-4.2[ 10-7505-4.2 ](C) provides: "Consent to adoption is not required from a father or putative father

The City of Guthrie v. the New Vienna Bank

4 Okla. 194 · Supreme Court of Oklahoma · Jul 6, 1896

Justice Lamar in delivering the opinion of the court, said: “We cannot say, as a matter of law, that it was absurd for the framers of the constitution for this new state to plan for the establishment of its financial system … This act was clearly intended as a limitation on the power of the corporate *223 powers to become indebted.

Cargle v. State

66 O.B.A.J. 50 · Court of Criminal Appeals of Oklahoma · Dec 22, 1995

There is also the evidence of a third gun: photographs clearly show a loaded .22 pistol was in a box on the floor between the coffee table and the couch where Sharon was sitting. … Here, the agreement states Jackson understood his immunity was based on the claim he was not a principal in the murders.

Vandiver v. State

97 Okla. Crim. 217 · Court of Criminal Appeals of Oklahoma · Sep 23, 1953

each of the verbs ‘confined’ and ‘imprisoned,’ clearly indicating a legislative purpose to denounce as a felony any surreptitious restraint of one person by another in such sort as to deprive the subject of the crime ‘of … This rule applies in all cases in which the minor offense is necessarily an elemental part of the greater when proof of the greater necessarily establishes the lesser, or, as is sometimes stated, where the offenses are of

Ingram v. Pre-Paid Legal Services, Inc.

4 F. Supp. 2d 1303 · District Court, E.D. Oklahoma · May 15, 1998

This is insufficient to establish pretext. … The handbook clearly classifies Ingram as an at-will employee.

Material Service Corp. v. Rogers County Board of Commissioners

273 P.3d 880 · Court of Civil Appeals of Oklahoma · Aug 18, 2011

Rogers County Com'rs, 2006 OK CIV APP 52 , 136 P.3d 1063 (summary judgment on the tort claims affirmed based on County's immunity under the Oklahoma Governmental Tort Claims Act). ¶ 4 After remand, jury trial on the issue … It would clearly be either a settlement amount or jury verdict, to go beyond this would require the Court to speculate what the parties intended.

In Re County Com'rs of Counties Comprising Seventh Judicial Dist.

22 Okla. 435 · Supreme Court of Oklahoma · Nov 11, 1908

are clearly understood, and arc twofold. … The former establishes a rule regulating and governing in matters or transactions occurring after its passage.

Green v. BOARD OF CTY. COM'RS OF COUNTY OF HASKELL

450 F. Supp. 2d 1273 · District Court, E.D. Oklahoma · Aug 18, 2006

Additionally, standing is clearly conferred by non-economic religious values. Anderson v. … Quite simply, the Monument is not particularly large, and is not in a clearly high traffic area.

Pierce v. Williams

District Court, E.D. Oklahoma · Oct 6, 2020

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.

McKinnon v. Cairns

698 F. Supp. 852 · District Court, W.D. Oklahoma · May 5, 1988

Liability may also be established secondarily upon a showing that defendants aided and abetted the primary violator. To establish aider and abettor liability, the plaintiffs must show: 1. … Accordingly, plaintiffs have clearly stated a claim for relief under Count III and defendants’ Motions to Dismiss Count III are hereby DENIED. 8 IX.

In re Amendments to the Oklahoma Uniform Jury Instructions for Juvenile Cases

291 P.3d 166 · Supreme Court of Oklahoma · Mar 24, 2011

."); In re K.C., 2002 OK CIV APP 58 , ¶ 20, 46 P.3d 1289 , 1294 (reversing termination order because the State did not clearly and convincingly show that the parent posed a harm to the children or that termination was in … It does not include an unwed father where paternity has not been acknowledged or established."

Jones v. Social Security Administration

District Court, N.D. Oklahoma · Mar 26, 2021

If the Appeals Council erroneously rejects qualifying evidence, “the case should be remanded for further proceedings.” Chambers v. … In this case, however, the Appeals Council clearly rejected the additional evidence, as indicated by the statement that it “did not exhibit this evidence.” R. 2.

Sally F Bentley

United States Bankruptcy Court, W.D. Oklahoma · Nov 9, 2020

In contrast, Debtor argues the plain language of Section 3631.1 clearly exempts the Annuity. … The initial fact which must be established is the balance in the account immediately preceding the deposit of the exempt funds.

Richardson v. Posey

District Court, E.D. Oklahoma · Aug 13, 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.

Forbes v. Becker

150 Okla. 281 · Supreme Court of Oklahoma · May 26, 1931

of another string, in which the partnership agreement permitted the plaintiff later to purchase a half interest for $2,000, the partnership, the plaintiff said, to be permitted to use them without hire, but the defendant qualified … Sherry, he put into operation what seems clearly to have been a plan to withdraw from the partnership at the earliest opportunity, and -to do it after getting as heavy advances as possible, and without regard to the financial