Case law

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.

Opinion No. (2003)

Oklahoma Attorney General Reports · Sep 15, 2003

. ¶ 4 The Legislature established a date, known as the "normal retirement date" by which members may retire, and during the remainder of the member's lifetime, receive annual retirement pay. 2003 Okla. Sess. … Supp. 2002, § 2-305[ 47-2-305 ] (A)). ¶ 5 By the plain language of Section 2-302(A) of Title 47, it is apparent that the Legislature intended mandatory membership in OLERS for all those who qualify as members.

AG EQUIPMENT CO. v. AIG Life Ins. Co., Inc.

636 F. Supp. 2d 1210 · District Court, N.D. Oklahoma · Jul 9, 2009

Defendant renewed its motion for judgment as a matter of law on the ground that the evidence clearly established that AG made a material misrepresentation about Kurtz’s employment status, but the Court found that this was … However, this evidence does not establish that AIG made a misrepresentation of coverage and it certainly does not establish that plaintiff disclosed all relevant facts to AIG.

Samuel Lee Crilly and Kimberly Deane Crilly

United States Bankruptcy Court, W.D. Oklahoma · Jun 30, 2020

Debtors’ own financial witness clearly established the lack of feasibility to fund a plan paying the Jacks in full. … Here, Debtors did not establish any reason for this Court to exercise its discretion to extend the stay – Debtors presented no evidence of the contents of a confirmable plan, Debtors appear to not qualify for subchapter

Curry v. United States

District Court, W.D. Oklahoma · Dec 10, 2019

Defendant was clearly informed about the implications of an ACCA finding on his sentence. … Defendant fails to establish that counsel was constitutionally ineffective as set forth in Claim 6.

Vietti v. Welsh & McGough, PLLC

District Court, N.D. Oklahoma · Jul 1, 2025

Dismissal—for jurisdiction or on the merits—can qualify the Defendant as a prevailing party. See, e.g., District of Columbia v. … See Doc. 37 at 6 (“Despite this binding, on-point authority, Plaintiff urges the Court to consider South Carolina law regarding immunity of guardians ad litem.”).

Cochlin v. Harvanek

District Court, W.D. Oklahoma · Jul 11, 2025

Application of Clearly Established Federal Law A state-court decision is unreasonable and contrary to clearly established federal law “if the state court arrives at a conclusion opposite to that … In a case based on ineffective assistance of council, the clearly established federal law was set forth in Strickland v.

Wanjiku v. Immigration and Customs Enforcement

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

In their Motion to Dismiss, Respondents argue that the Petition should be dismissed because ICE is entitled to sovereign immunity, (see Doc. 18, at 8-9), the Court does not have mandamus jurisdiction, (see id. at 9-12) … Eligibility for mandamus relief requires a petitioner to establish that (1) he or she has a clear right to relief; (2) the respondent has a “plainly defined and peremptory” duty to perform the act in question; and (3)

Purdy v. Chambers

128 Okla. 118 · Supreme Court of Oklahoma · Oct 25, 1927

Purdy is the duly appointed, qualified and acting administratrix of the estate of A. H. … If we establish the ownership of Mr. Chambers we shall expect a verdict at your hands.”

Hayes v. United States Bureau of Indian Affairs

District Court, N.D. Oklahoma · Nov 7, 2023

Absent “final agency action,” sovereign immunity is not waived. Id. … The timing of this case clearly establishes that drilling was a reasonably foreseeable impact of leasing when the Leasing PEA was in development.8 Similar to Richardson, considerable exploration and drilling has been

Scott v. Oklahoma Secondary School Activities Ass'n

313 P.3d 891 · Supreme Court of Oklahoma · Oct 1, 2013

The Oklahoma Secondary School Activities Association through the employment of the instrumentalities hereinafter established shall: a. … The Board cannot comply with due process if the decision to punish is so firmly established to vitiate the fairness and impartiality of the appeal process.

Fees v. American Family Life Assurance Company of Columbus ("Aflac")

District Court, N.D. Oklahoma · Jun 5, 2020

Therefore, plaintiff argues that he qualified for benefits under the “Working Full Time” section of the Policy. … To recover for breach of contract, a plaintiff must establish: “(1) the formation of a contract, (2) breach of the contract, and (3) damages as a result of that breach.” Cates v.

Board of County Commissioners v. Litton

315 P.2d 239 · Supreme Court of Oklahoma · Jun 4, 1957

on the date of plaintiff's criminal conviction and forfeiture of his position of County Commissioner, the State's then Governor appointed one Earl Laverne Overholser to fill the position, and that Overholser immediately qualified … Clearly under this Section when the complaint was filed, Litton could have been suspended from office immediately pending final judgment.

Tomlins v. BRW Paper Co. (In Re Tulsa Litho Co.)

232 B.R. 240 · United States Bankruptcy Court, N.D. Oklahoma · Aug 3, 1998

Once the elements of a preference have been established, the burden of establishing an affirmative defense lies with BRW, which must establish the presence of such a defense by a preponderance of the evidence. … Findings under these subsections are generally considered factual and are, therefore, subject to the clearly erroneous standard of review.

Friedman v. Quest Energy Partners LP

261 F.R.D. 607 · District Court, W.D. Oklahoma · Sep 24, 2009

Specifically, the Court finds that the Ord Group’s interests are clearly aligned with the members of the Quest Resource Class because its claims are identical to the claims of the class. … Specifically, the Court finds that the Barretti Group’s interests are clearly aligned with the members of the QELP Class because its claims are identical to the claims of the class.

Bessinger v. Cimarex Energy Co.

District Court, N.D. Oklahoma · Jul 22, 2024

Lettes—did not qualify for payment)). … The Supreme Court has “observed repeatedly that this broadly worded provision is ‘clearly expansive,’” Egelhoff v. Egelhoff ex rel.

Canoe v. Social Security Administration

District Court, E.D. Oklahoma · Aug 15, 2023

“Instead, SSR 85-28 requires that the evidence ‘clearly establish’ that the impairment is not severe; if not the ALJ must proceed to the subsequent steps of the sequential evaluation process.” Gonzales v. … Absent a finding that the evidence “clearly established” that Claimant had no severe impairment, the ALJ was required to continue through the sequential analysis.3 Additionally,

In Re Initiative Petition No. 317, Etc.

648 P.2d 1207 · Supreme Court of Oklahoma · Jul 20, 1982

The petition seeks to change the boundaries for Oklahoma's six congressional districts as established by the 1981 Legislature. … Title 34 , O.S. 1981, § 9(D) clearly and unequivocally precludes circulation of an initiative until completion of the appeal process.

JOHNSON v. BROWN

2024 OK CIV APP 18 · Court of Civil Appeals of Oklahoma · Mar 27, 2024

The Stock Restriction Agreement, adopted in December of 1990, clearly states that the shareholders only included the Original Shareholders. … For example, in In re Osteopathic Hospital Association of Delaware 195 A.2d 759, 762 (Del. 1963), the Court explained that Delaware "courts have long held that bylaws may be amended or established by custom or by acquiescence

Wells v. Social Security Administration

District Court, E.D. Oklahoma · Mar 16, 2020

However, as set forth above, the ALJ clearly considered the claimant’s vision and she does not point to any evidence to support the visual limitations she claims. … When the ALJ’s paragraph B analysis is applied to Listing 12.05B, the claimant clearly does not meet the significant deficits in adaptive functioning requirement and is therefore precluded from qualifying under this listing