Case law

Pierson v. Smith

District Court, E.D. Oklahoma · Jan 3, 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.

Perry v. State

66 O.B.A.J. 1350 · Court of Criminal Appeals of Oklahoma · Apr 7, 1995

Clearly, under these circumstances, Perry’s claim that *533 he was deprived his right to effective assistance of counsel lacks merit. … To establish “continuing threat” the State must show “a pattern of criminal conduct that will likely continue in the future.”

Feldman v. Pioneer Petroleum, Inc.

606 F. Supp. 916 · District Court, W.D. Oklahoma · Feb 28, 1985

Clearly, the second and third factors weigh heavily in favor of Oklahoma. The fourth factor to be considered is the place where the relationship between Plaintiffs and Defendants arose. … production payments (a) Carved-out production payment. — A production payment carved out of mineral property shall be treated, for purposes of this subtitle, as if it were a mortgage loan on the property, and shall not qualify

Gilbert v. State

68 O.B.A.J. 3891 · Court of Criminal Appeals of Oklahoma · Nov 20, 1997

Here, the record clearly supports the trial judge’s decision. … These two instructions clearly stated that in order for the defendant to be found guilty it must be established beyond a reasonable doubt that he personally intended to kill the victim.

Summers v. State

231 P.3d 125 · Court of Criminal Appeals of Oklahoma · Feb 25, 2010

Put another way, the proponent must establish corroborating circumstances clearly indicating that the exculpatory "matter asserted" in the hearsay statement is trustworthy. … Nothing established Campbell's presence at the crime scene, or even in Tulsa, at the time of the murders; nothing established his opportunity to commit the crimes; nothing placed him in the company of the self-admitted participants

Keller

District Court, W.D. Oklahoma · Aug 7, 2026

June 5, 2009) (unpublished) (Oklahoma District Attorney’s Office is not a separate suable legal entity and does not qualify as a person subject to liability); Zapata v. … Accordingly, this first Younger factor is established. B. The criminal proceeding involves an important state interest. Clearly, Oklahoma has an important interest in enforcing its criminal laws.

Weller v. Western State Bank of Waukomis

18 Okla. 478 · Supreme Court of Oklahoma · Feb 14, 1907

The decree, though literally positive, and free from all contingency, is qualified by law so as to render it dependent upon the principal judgment. … Hames Company with the persons or corporations to whom they gave the checks, as established by the evidence/ It is evident that this narrow limitation upon the right of recovery by the plaintiff was in the face of the authorities

Lane v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · Sep 10, 2021

The determination “‘must contain specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly articulated so the individual and … “Whether evidence qualifies for consideration is a question of law subject to de novo review.” See Padilla v. Colvin, 525 F.

GWACS Armory, LLC v. KE Arms, LLC

District Court, N.D. Oklahoma · Oct 24, 2023

KEA has not established that evidence concerning the MKI and MKII receivers will be wholly irrelevant to any issue that could arise at trial, but GWACS is cautioned that it will not be permitted to imply that KEA engaged … The parties have provided portions of Oppenheimer’s deposition testimony, and he clearly states that he will not invest in GWACS for further development of products related to the AR-15.

Malone v. State

168 P.3d 185 · Court of Criminal Appeals of Oklahoma · Aug 31, 2007

Defense counsel asked only a few questions, in an attempt to establish that since her husband's death, Mrs. … established by the evidence presented in the first stage of Malone's trial.

Phillips v. Hamilton

District Court, W.D. Oklahoma · Aug 26, 2024

The habeas court may grant habeas relief only if the petitioner can establish that the decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by … To establish cause, Petitioner must establish that “something external to the petitioner, something that cannot fairly be attributed to him” impeded his efforts to comply with the state’s procedural rule.

Willard v. State Farm Fire and Casualty Company

District Court, W.D. Oklahoma · Aug 21, 2025

The Agents were aware that State Farm has a widespread and pervasive scheme whereby it denies or underpays claims, even when wind and/or hail damage is clearly shown, by using a narrow and limited definition of what constitutes … Apr. 7, 2025) (finding that “State Farm has failed to establish with complete certainty that Plaintiff cannot establish a negligent procurement claim against [the agent] in state court”) with Weichbrodt v.

Duke v. McIntosh County

District Court, E.D. Oklahoma · May 7, 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.

Sherman-Harris-Golson v. Forest Park Police Department

District Court, W.D. Oklahoma · Dec 15, 2023

A plaintiff may establish the third prong in several ways, such as that she “was qualified for [her] job . . . and [] the job was not eliminated after [her] discharge,” “actions or remarks made by decisionmakers … to summary judgment because Golson cannot establish that the alleged sexual assaults qualify as objectively severe or pervasive conduct.

United States v. Barkley

369 F. Supp. 2d 1309 · District Court, N.D. Oklahoma · Jan 24, 2005

Clearly, however, the Supreme Court has not .yet determined whether the Guidelines, if modified to accommodate Blakely, would be unconstitutional. … Moreover, because Defendant qualifies as a career offender under U.S.S.G. § 4Bl.l.a, the Guidelines mandate that the violations of 18 U.S.C. § 924 (c) (Counts Two and Four), rather than generating independent sentencing ranges

Parsons v. Eisele

137 Okla. 35 · Supreme Court of Oklahoma · Dec 31, 1928

At the close of defendant’s evidence, plaintiff demurred to defendant’s evidence, in so far as it was sought to establish a sale of the Gorton car by the Bisele Motor Obmpany to A. G. Parsons or A. C. Parsons and Ed. M. … It clearly appears that the court did not 'err in giving the instructions complained of.

Cimarron Alliance Foundation v. City of Oklahoma City

290 F. Supp. 2d 1252 · District Court, W.D. Oklahoma · Sep 13, 2002

STANDARD OF REVIEW The summary judgment standard the Court must apply is well established. … In this case, the banners clearly displayed CAF’s logo on them, as well as that of a sponsor; there is nothing which portrays the name of Oklahoma City on them.

Houston & North Texas Motor Freight Lines, Inc. v. Local Union No. 886 of International Brotherhood of Teamsters

24 F. Supp. 619 · District Court, W.D. Oklahoma · Aug 8, 1938

Thus it was established that labor combinations came within the inhibitions of the Anti-Trust Act and that they were amenable to the Anti-Trust Laws. … class to the detriment of the general public, the rules of statutory construction forbid that the privilege be enlarged by resorting to a loose construction or by ignoring or slighting the qualifying words of the section

MARTINEZ v. STATE

371 P.3d 1100 · Court of Criminal Appeals of Oklahoma · Mar 8, 2016

It need not conclusively or directly establish guilt if, when taken with other evidence in the case, it tends- to establish a material fact in issue. Id. … 'An abuse of discrétion is a clearly erroneous conclusion and judgment, one that is clearly against the logic and effect of the facts presented, C.L.F. v.

Custom Heating & Air, Inc. v. Andress (In Re Andress)

345 B.R. 358 · United States Bankruptcy Court, N.D. Oklahoma · Jun 28, 2006

And that use of a state court judgment falls clearly within the ambit of the collateral estoppel doctrine. 21 The matter was remanded to the bankruptcy court for a determination of whether collateral estoppel applied to the … The Court concludes that An-dress violated his covenant not to compete, and that such a violation qualifies as “willful and malicious” conduct under § 523(a)(6). 36 However, willful and malicious conduct, without more, does