Case law

Lincoln Bank & Trust Co. v. Oklahoma Tax Commission

63 O.B.A.J. 470 · Supreme Court of Oklahoma · Feb 11, 1992

We hold that for the singular mission of fulfilling its statutorily mandated duty to enforce the Unclaimed Property Act, the Commission qualifies as a supervisory agency within the meaning of, and hence unhampered by, the … Each time activity occurs in a dormant account that activity should be reviewed to establish the authenticity of the entry. “ * * * ” (Emphasis in original.) .

Jenkins v. Nunn

District Court, N.D. Oklahoma · Dec 5, 2024

First, because the OCCA identified Jackson as the clearly established federal law governing Jenkins’s sufficiency-of-the-evidence claims, Jenkins has not shown that the OCCA’s rejection of those claims is contrary to clearly … application of, clearly established federal law, as required to overcome § 2254(d)(1).

Williams v. Jones City Town of

District Court, W.D. Oklahoma · Sep 29, 2023

The context of these allegations clearly demonstrates that Plaintiff’s actions were taken in his capacity as Chief of Police, rather than as the exercise of options available to a mere concerned citizen. … Enid City 7 Because Plaintiff has failed to allege that the Board Defendants violated a federal constitutional right, the Court need not determine whether they would be entitled to dismissal based on qualified immunity

Layman v. Webb

350 P.2d 323 · Court of Criminal Appeals of Oklahoma · Feb 24, 1960

This Court may not read into an Act provisions which are not clearly intended. That is to say, statutes cannot be enlarged by implication or extended by inference. Davison v. State, Okl.Cr., 281 P.2d 196 . … For a note involving immunity from prosecution granted by statutory provisions by reason of answering incriminatory questions, see note in 38 A.L.R.2d at page 257 , § 12. 8 .

Tibbs-Dorsey Mfg. Co. v. State Industrial Com.

147 Okla. 232 · Supreme Court of Oklahoma · Feb 17, 1931

It establishes another method or procedure, independent of those provided for in section 7294, for settling a claim before the State Industrial Commission. … “The natural and appropriate office of a proviso in a statute is to restrain or qualify some preceding matter, and it should be confined to what precedes it, unless it clearly appears to have been intended to apply to some

STEWART v. STATE

442 P.3d 158 · Court of Criminal Appeals of Oklahoma · May 16, 2019

"Many persons may not qualify as the kind of 'public civil officers' we have come to associate with the term 'magistrate.' … Unless a statute is clearly unconstitutional, an officer cannot be expected to question the judgment of the legislature that passed the law. Id., 480 U.S. at 349 -50 , 107 S.Ct. at 1167 .

OKLAHOMA STATE MEDICAL ASSOCIATION v. CORBETT

489 P.3d 1005 · Supreme Court of Oklahoma · Jun 1, 2021

Rather, art. 6, §8 clearly requires the Governor to act as may be prescribed by law. Any authority the Governor might have concerning gaming compacts, must be expressly prescribed by the Legislature. … The application made pursuant to this subsection shall be designed to qualify for federal funding primarily on a prepaid capitated basis.

Marine Midland Business Loans, Inc. v. Carey (In re Carey)

112 B.R. 401 · District Court, W.D. Oklahoma · Nov 9, 1989

(In re New England Fish Co.), 749 F.2d 1277 (9th Cir.1984). 3 Analysis With respect to conversions of non-exempt property to exempt property, the law defining the “per se” rule is old and well-established. … If the bankruptcy court’s findings could be viewed as a mixed question of law and fact, this Court does not find them to be "clearly erroneous." Supre v. Ricketts, 792 F.2d 958, 961 (10th Cir.1986). .

United States v. Flores

District Court, N.D. Oklahoma · Jan 23, 2024

Such a motion will be granted only if the moving party “clearly establish[es] that no material issue of fact remains to be resolved and [it] is entitled to judgment as a matter of law.” Id. … The undisputed pleadings and uncontested documents—including Defendant’s guilty plea and his adjudication of guilt—clearly, unequivocally, and convincingly establish that Defendant engaged in the sexual abuse of a minor

Matter of DDF

801 P.2d 703 · Supreme Court of Oklahoma · Sep 18, 1990

However, it is equally well established that this right can be surrendered by voluntary consent or waiver. Id.; Seymour v. Swart, 695 P.2d 509, 511 (Okla. 1985). On November 13, 1987, Mr. … County Election Bd., 326 P.2d 782 (Okla. 1958), we were called upon to consider whether 19 O.S. 1951 , § 132, which requires *708 county officers to be qualified voters, and Art.

Dowell v. Board of Education of the Oklahoma City Public Schools

307 F. Supp. 583 · District Court, W.D. Oklahoma · Jan 17, 1970

To understand the situation more clearly, it must be pointed out that the east and southeast portion of the original City of Oklahoma City was Negro, and all other sections and districts of the City of Oklahoma City were … As observed by Justice Brennan, 396 U.S. at 1216, 90 S.Ct. at 13 , 24 L.Ed.2d at 39 : “ * * * But the reasons given by the Court of Appeals for striking the balance in favor of the stay clearly supplied no support in law

Schultz v. UNUMPROVIDENT CORP.

782 F. Supp. 2d 1276 · District Court, N.D. Oklahoma · Feb 25, 2011

Moreover, by including the value of a third party benefit in the calculation of the benefits calculation, the Policy clearly established a priority of interest, i.e., that the insurer would be entitled to reduce monthly benefits … The discrepancy likely indicates some kind of disconnect between the two departments, but it does not establish a conflict of interest.

Ross v. Kelsey Hayes, Inc.

62 O.B.A.J. 2428 · Supreme Court of Oklahoma · Jul 30, 1991

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor … Board of Com'rs of Tulsa County, 185 Okl. 111 , 90 P.2d 442, 443 (1939) (the court's syllabus ¶ 3) ("special laws ... create preference and establish inequality"). [25] Supra note 21. [26] Maule v.

Lowrey v. State

87 Okla. Crim. 313 · Court of Criminal Appeals of Oklahoma · Sep 15, 1948

This he did not do; some matters he admitted, others he sought to explain and qualify, others he denied entirely. … That fact is not clearly established in our minds. The bailiff directed the sheriff, W. T. Thorne, to remove certain exhibits.

Price v. Reed

725 P.2d 1254 · Supreme Court of Oklahoma · Jul 24, 1986

automatic barrier to the imposition of both a criminal and a civil sanction for the same act or omission. 13 Double jeopardy would be invoca-ble here only if [1] the driver’s license revocation sanction were intended and did qualify … Neville, 459 U.S. 553, 559 , 103 S.Ct. 916, 920 , 74 L.Ed.2d 748 [1983], the Court noted that Schmerber, supra, clearly allows a state to force a person who is suspected of driving while intoxicated to submit to a blood-alcohol

State Ex Rel. Oklahoma Bar Ass'n v. Mothershed

264 P.3d 1197 · Supreme Court of Oklahoma · Oct 18, 2011

Amend. 5, Equal Protection Clause, and the "Privileges and Immunities Clause" of that Constitution to practice law in Arizona, (4) laches barred allegations of his unprofessional conduct in 1998, (5) all of the orders entered … A Hohfeldian plaintiff seeks to adjudicate a claimed right, privilege, immunity, or power with respect to another party. State ex rel. Macy v.

In Re Initiative Petition No. 315, State Question No. 553

649 P.2d 545 · Supreme Court of Oklahoma · May 20, 1982

GRANTING THE COMMISSION FULL REGULATORY AUTHORITY OVER HORSE RACING WHERE PARI-MUTUEL WAGERING IS CONDUCTED AND PARI-MUTUEL WAGERING THEREON; PROVIDING FOR LICENSING OF RACE TRACKS WHERE PARI-MUTUEL WAGERING IS CONDUCTED; ESTABLISHING … Circulation clearly does begin with, is triggered by, and continues to run from, the date of the petition's pre-circulation filing.

In re Smith

585 B.R. 168 · United States Bankruptcy Court, W.D. Oklahoma · May 30, 2018

Ohio 2007) (emphasizing that "Congress has clearly lowered the standard for dismissal in changing the test from 'substantial abuse' to 'abuse.' "). 5 V. … Stewart also noted that, "[W]here an inability to pay exists, we believe other factors may nevertheless establish substantial abuse.

Christian v. Gray

65 P.3d 591 · Supreme Court of Oklahoma · Feb 24, 2003

“An abused judicial discretion is manifested when discretion is exercised to an end or purpose not justified by, and clearly against, reason and evidence. … such testimony, to establish the cause with reasonable certainty). 14 .

Bevel v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · Sep 27, 2019

Whether evidence qualifies for consideration by the Appeals Council is a question of law subject to review. 353 F.3d 1185, 1191 (10th Cir. 2003). … asks or work does not establish that a person is capable of engaging in substantial gainful activity.”)