Case law

United States v. Hall

424 F. Supp. 508 · District Court, W.D. Oklahoma · Aug 25, 1975

The transactions between Taylor and Hall cannot be held to have immunized both for their transgressions against Rogers. … ‘Personal’ characterizes clearly the prejudgment guarded against. It is the significant word of the statute.” In United States 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

First National Bank of Healdton v. Dunlap

122 Okla. 288 · Supreme Court of Oklahoma · Mar 22, 1927

But. with respect to such oil and gas, he had certain rights in or qualified ownership thereof which may be more accurately stated as an exclusive right, subject to legislative control against waste and the like, to erect … I do not contend, of course, that the words “land” or “real estate” or “premises” are synonymous with tenements, hereditaments, or appurtenances, but th'e foregoing statutes, in my opinion, clearly provide that the words

Higgins v. Brown, Judge

1 Okla. Crim. 33 · Court of Criminal Appeals of Oklahoma · Mar 9, 1908

This-treaty is the law of the land, and admits the inhabitants of Florida to the enjoyments of the privileges, rights, and immunities of the citizens of the United States. … consent of the Senate, should appoint and commission to serve as aforesaid, and when a vacancy should occur in the Legislative Council by death or removal from office, the House of Representatives should nominate two persons qualified

Southern Corrections Systems Inc. v. Union City Public Schools

73 O.B.A.J. 3571 · Supreme Court of Oklahoma · Nov 26, 2002

Clearly, the parties contemplated and intended that the school district would not recoup a double payment from Southern and from the State for the educational services it provided. ¶ 16 Funding for public education through … appropriations made by the Legislature for this purpose and from funds derived from other sources provided by law for this purpose, to the several school districts of the state, such sums of money as each school district may be qualified

Childress v. State

1 P.3d 1006 · Court of Criminal Appeals of Oklahoma · May 22, 2000

We hereby decline the State's request that we overrule our decision to apply Shrum to cases currently pending on appeal. 1 25 While the elements of second degree felony murder are clearly not contained within the elements … However, the affidavits do not establish by clear and convincing evidence that the minds of the inhabitants of the county were so prejudiced that a fair trial could not be had in Sequoyah County.

Burnett v. Pettigrew

District Court, W.D. Oklahoma · Sep 16, 2024

“Only Supreme Court law announced by the time of the state-court decision on the merits qualifies as clearly established law.” Wellmon, 952 F.3d at 1245 (internal quotation marks omitted). … If clearly established federal law exists, this court then considers whether the state court decision was contrary to or an unreasonable application of that clearly established federal law.

Thompson v. Smith

102 Okla. 150 · Supreme Court of Oklahoma · Dec 11, 1923

counsel for the plaintiffs in his brief c ontends that the case was one of purely equitable cognizance and that the rule to be applied in weighing the testimony is as to whether the findings and judgment of the court are clearly … The rule is well established in this jurisdiction that if the findings of fact made by the trial court are reasonably supported by the evidence, the'judgment entered thereupon will not be disturbed on appeal in this court

Neer v. State Ex Rel. Oklahoma Tax Commission

982 P.2d 1071 · Supreme Court of Oklahoma · Jun 4, 1999

. § 1362 (West 1988), as amended], a State of New York professional corporation (corporation), not domesticated in Oklahoma. 4 During his years living and *1074 working in New York, the corporation established and funded … In 1995, approximately thirteen states, including New York, had tax code provisions authorizing the taxation of former residents who received qualified pension plan distributions derived from employment within the state.

Tyner v. Hi Q Inc

District Court, W.D. Oklahoma · Dec 7, 2022

Health IQ, however, has not proffered any evidence to demonstrate that it qualifies as “CAC” or one of the “Marketing Partners” at the time Tyner completed the web form.2 In its briefing, Health IQ, relying upon … The web form at issue did not “clearly authorize” Health IQ to deliver or cause to be delivered to Tyner telemarketing messages using an artificial or prerecorded voice.

Spears v. Okmulgee County Criminal Justice Trust Authority

District Court, E.D. Oklahoma · May 3, 2024

The Tenth Circuit has held that a plaintiff may establish a prima facie case for such a failure-to-accommodate claim by pleading that: “(1) [he] is disabled; (2) [he] is otherwise qualified; and (3) [he] requested … Moreover, even if Plaintiff did not expressly allege that the policy was applied to him—and he did—the other allegations in the Second Amended Complaint clearly allow for the reasonable inference that the complained of

Tiger v. Lozier

124 Okla. 260 · Supreme Court of Oklahoma · Apr 26, 1927

. * * * It is not an uncommon practice for the attorneys of the respective parties to formulate such findings as they desire to have made, leaving the court to adopt them, or such of them as in its judgment have been established … In other words, as to that class of heirs the restrictions are not removed, but merely relaxed or qualified to the extent of sanctioning such conveyances as receive the court’s approval.

Hooper v. State

68 O.B.A.J. 3623 · Court of Criminal Appeals of Oklahoma · Oct 21, 1997

The State’s expert was well qualified and had testified in numerous courts as a DNA expert. … The record does not clearly support Hooper’s assertion that counsel believed they could not afford to ask Dr. Murphy to examine Hooper.

GWACS Armory, LLC v. KE Arms, LLC

District Court, N.D. Oklahoma · Jul 6, 2022

KEA argues that Anderson’s statements were made pursuant to a qualified privilege, if any privilege at all, and KEA asks the Court to deny GWACS’ motion to dismiss. … Anderson’s letter clearly related to potential litigation against KEA, but there nothing in the letter or KEA’s counterclaim suggesting that GWACS was contemplating litigation against Brownells.

Estate of Pigeon v. Stevens

81 Okla. 180 · Supreme Court of Oklahoma · Apr 5, 1921

No exemption is clearly shown by the legislation in respect to these Indian lands. … Therefore, it was properly held that the descent and distribution of said estate was governed by the law as found in chapter 49 of Mansfield’s Digest, as qualified by the provisos of the Creek Treaty of June 30, 1902.

Ioszpe v. Unifin Inc

District Court, W.D. Oklahoma · Aug 28, 2025

A “commercial telephone 5 To be certain, the Court is aware of the technical specificities that are required to qualify as an ATDS. See Facebook, Inc. v. … Unifin claims, without any legal support, that the four calls to Plaintiff “clearly is neither intentionally intrusive nor highly offensive” to a reasonable person. Mot. [Doc. No. 8] at 13–14.

Greer v. Stitt

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

Shriver v. State

632 P.2d 420 · Court of Criminal Appeals of Oklahoma · May 20, 1980

As we view the testimony, the State was attempting to establish whether the defendant had any personal dealings with the witness subsequent to the meeting of February, 1977. … We find that the cases relied upon by the defendant are clearly distinguishable from the instant case and that the trial court in this case did not abuse its discretion in rejecting the defendant’s application for a suspended

Ball v. Wilshire Insurance Co.

221 P.3d 717 · Supreme Court of Oklahoma · Jun 16, 2009

Liability Insurance Law while refraining from unduly interfering with the parties' freedom to contract, which can be restricted only in the name of articulated public policy. 37 {19 Oklahoma's decisional law is by now firmly established … coverage solely because of their status as passengers may not stack UM coverage under separate policies purchased by the owner of the involved vehicle for his or her other vehicle or vehicles unless those passengers also qualify

Diaz v. State

728 P.2d 503 · Court of Criminal Appeals of Oklahoma · Nov 6, 1986

Moreover, the record clearly indicates that the plea agreement was not consummated until the evening immediately prior to the day it was revealed to the jury. … Once the witness was qualified as an expert, the weight and credibility of his opinion became a question for the jury. See Kennedy v. State, 640 P.2d 971, 978 (Okl.Cr.1982).