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.

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.

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.

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

Ruble v. Crow

District Court, N.D. Oklahoma · Mar 18, 2022

Clearly established federal law Under the Sixth Amendment to the Constitution, a defendant has a right to trial by an impartial jury. … Later in voir dire, “the juror clearly and forthrightly stated: “I think I could enter it [the jury box] with a very open mind. I think I could . . . very easily.

Micro Consulting, Inc. v. Zubeldia

813 F. Supp. 1514 · District Court, W.D. Oklahoma · Sep 19, 1990

The business plan indicated that Micro Consulting had an established value of $4,600,000.00. … Thus, only proof of substantial similarity is needed in order for the plaintiff to establish this second element. 14.

In re Macco Properties, Inc.

540 B.R. 793 · United States Bankruptcy Court, W.D. Oklahoma · Sep 10, 2015

Based upon $48,821,986.27 in qualifying disbursements to creditors, Trustee is to entitled up to $1,487,910.00 under Section 326. … Fee for those services, services requested by Trustee, are clearly outside the. scope of ASARCO.

Black v. State

72 O.B.A.J. 858 · Court of Criminal Appeals of Oklahoma · Mar 12, 2001

Nowhere in the record did defense counsel request the trial court to life-qualify the jury. Nor was defense counsel prevented from life-qualifying the jury. … Because the trial court's ruling upholding the challenge is supported by the record and not clearly erroneous, we find no Batson error. 10 FIRST STAGE ISSUES 133 In his first proposition of error, Appellant claims his murder

Lacaze v. City of Oklahoma City

District Court, W.D. Oklahoma · Mar 29, 2024

Under this framework, the plaintiff must first establish a prima facie case of discrimination. See id. at 802. … Kadota United States District Judge “Tn light of this disposition, the Court need not reach Defendants’ assertion of qualified immunity. 14

Trowbridge v. State

502 P.2d 495 · Court of Criminal Appeals of Oklahoma · Oct 11, 1972

After being qualified as an expert witness, he identified the package which he received from Officer Lewal-len of the Tulsa Police Department. … This rule clearly applies to a case where one party resorts to incompetent evidence without objections, and where the opposite party relies with evidence of the same character.

State Ex Rel. Attorney General v. Martin

125 Okla. 24 · Supreme Court of Oklahoma · May 21, 1927

It is the / public interest, and not the personal pride / of the judges, which establishes this inher- / ent power of courts to punish for contempts. … Thus clearly considering contempts separate and apart from crim'es. In Ex parte Fisk, 113 U. S. 713 , 28 L. Ed. 1117 , 5 Sup. Ct.

Hill v. Hill

58 Okla. 707 · Supreme Court of Oklahoma · Jul 25, 1916

.- The well-established rule in this country is that where the term ‘brothers or sisters’ is used without limitation, it includes half brothers and half sisters.” In the very able opinion of Oliver v. … Constituting an exception in the law of descent, *719 before those otherwise qualified should be excluded from the rights of heirs, the statute upon which reliance is placed must clearly disclose such purpose and leave nothing

Squaw Transit Company v. United States

402 F. Supp. 1278 · District Court, N.D. Oklahoma · Oct 24, 1975

Before considering the cases hereinafter cited, the Court feels that a qualifying comment must be made with reference to the tests promulgated and considered by the various Courts in considering appeals from rulings of the … Thereafter the Commission forwarded various communications to Squaw which clearly led Squaw to believe the application was being processed.

Maxwell v. Zenith Limestone Co.

142 Okla. 286 · Supreme Court of Oklahoma · Apr 8, 1930

S. 3921, which is as follows: *290 “Every instrument purporting to be an absolute or qualified conveyance of real estate or any interest therein, but intended to be defeasible or as security for the payment of money, shall … The question is one of equitable cognizance. and therefore this court will not disturb the iudgment unless it is clearly againfft the weight of the testimony.

Beattie v. STATE EX REL. GRDA

41 P.3d 377 · Supreme Court of Oklahoma · Jan 15, 2002

The words United States are in no way qualified and their use in this context is nothing other than a reference to the needs of the grantor, a status now held by plaintiffs. … Any words that clearly show an intent to create it are sufficient. Cf. Tangner v. Brannin, 1963 OK 101, ¶ 5 , 381 P.2d 321 . Accord, Hornsilver Circle, Ltd. v. Trope, 904 P.2d 1353 (Colo.App.1995); Tanton v.

Bryan Co. State Bank v. Amer. Nat. Bank of Ft. Worth

56 Okla. 529 · Supreme Court of Oklahoma · Mar 21, 1916

Such officers shall hold their offices for a term of one year and until their successors are elected and qualified. … The purposes of the law, coupled with the delegation of the powers contained. in the resolution of the board of directors, clearly fix the status of Dunlap as the active, managing officer of said bank.

In Re BC

15 P.3d 8 · Court of Civil Appeals of Oklahoma · Oct 31, 2000

. ¶ 7 In reviewing Mother's challenge to the sufficiency of the evidence to establish the foregoing, we are guided by the following standard of review: "In a termination proceeding tried to a jury, the verdict of the jury … It is well settled that "[w]here a witness discloses sufficient knowledge to qualify . . . as an expert, soundness of [her] conclusions pertains to weight of [her] testimony, rather than to its admissibility and is to be

In Re Initiative Petition No. 348, State Question No. 640

820 P.2d 772 · Supreme Court of Oklahoma · Feb 20, 1992

The measure need only pass a threshold test to qualify for submission, see supra note 14. . See supra note 14. . Art. 4, § 4, U.S. Const., supra note 1. . … Unless Congress clearly removes states from that arena, the Court announced, there is no federal preemption under the Supremacy Clause, Art. 6, U.S. Const.

Goode v. State

236 P.3d 671 · Court of Criminal Appeals of Oklahoma · Jun 9, 2010

This fact was undisputed and was clearly established by other evidence in this case. While the time of death might have been an issue, this conversation did nothing to establish a time of death. … I would submit that a 911 tape that qualifies for admission pursuant to Davis v.

Roberts v. Roberts

657 P.2d 153 · Supreme Court of Oklahoma · Jan 11, 1983

The latter may also qualify for continued alimony receipt "upon proof... relating to need for support ... ." 12 O.S. 1981 § 1289D. … This statute clearly conflicts with, and infringes upon, these fundamental freedoms.