Case law

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 .

Davis v. State

75 O.B.A.J. 3234 · Court of Criminal Appeals of Oklahoma · Dec 14, 2004

and the admission of evidence lie in the sound discretion of the trial court, whose rulings will not be disturbed unless that discretion is clearly abused, resulting in manifest prejudice to the accused. … Busby testified that he was qualified to conduct crime scene reconstruction and blood stain interpretation.

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.”)

IMMEL v. TULSA PUBLIC FACILITIES AUTHORITY

490 P.3d 135 · Supreme Court of Oklahoma · Jun 22, 2021

To establish standing a person must possess "a legally protected interest." Id. … The TPFA and the City unquestionably have the burden of establishing abandonment.

RIPP v. OKLAHOMA COMMUNICATIONS SYSTEMS

2023 OK CIV APP 3 · Court of Civil Appeals of Oklahoma · Apr 22, 2022

Those findings are clearly supported by the Plaintiffs' allegations and the clear weight of the evidence produced at the class certification hearing. ¶18 For example, Plaintiffs allege that TDS was "not able to handle the … The court also found that "one defense of [TDS] is 'up to' is anything 'up to' the amount stated and even near zero qualifies as 'up to.'"

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.

O'KEEFE v. United States

490 F. Supp. 79 · District Court, W.D. Oklahoma · Feb 21, 1980

These findings are established by evidence furnished by two qualified medical experts, one, the surgeon who performed plaintiff’s hemipelvectomy, and a psychiatrist who evaluated plaintiff as to emotional impairment. … English, 521 F.2d 63 (9th Cir. 1975), reveals that the Ninth Circuit considers a trial court’s failure to discount expected future earnings to their net present value as clearly erroneous requiring reversal and remand of

Ware v. Kunzweiler

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

In addition, because federal courts are courts of limited jurisdiction, this Court has an independent duty to determine whether Plaintiffs have alleged sufficient facts to establish subject-matter jurisdiction. … Notably, “‘unless state law clearly bars the interposition of the federal statutory and constitutional claims, a plaintiff typically has ‘an adequate opportunity to raise federal claims in state court.’”

Hung Thanh Le v. State

68 O.B.A.J. 3218 · Court of Criminal Appeals of Oklahoma · Oct 2, 1997

Le noted Secondi had not yet been asked all the death-qualifying questions but did not want other jurors to hear Secondi’s philosophy (whatever it was). … This case is clearly distinguishable, since Le told Bemo and Cook he understood his Miranda rights and the search waivers were clearly explained (see Proposition II). . 22 O.S. 1991 , § 1175.4(A). . 730 P.2d 7, 8-9 (Okl.Cr

Action Wholesale Liquors v. Oklahoma Alcoholic Beverage Laws Enforcement Commission

463 F. Supp. 2d 1294 · District Court, W.D. Oklahoma · Nov 15, 2006

although Granholm reviews some of the evidence regarding the economic detriment which the Michigan and New York laws caused to out-of-state wineries, the analysis contained in that decision indicates that the Supreme Court clearly … When this order refers to "in-state wineries” or "Oklahoma wineries,” or "in-state winemakers,” or "Oklahoma winemakers,” or makes similar references, it intends to denote winemakers or wineries which qualify under the statutory

Dodd v. State

71 O.B.A.J. 156 · Court of Criminal Appeals of Oklahoma · Jan 6, 2000

Here we very clearly have two letters that may or may not be true but should have been in evidence. … In making that determination,you should consider: (1) whether the witness has received anything (including pay, immunity from prosecution, leniency in prosecution, personal advantage, or vindication) in exchange for testimony

Farnsworth v. State

343 P.2d 744 · Court of Criminal Appeals of Oklahoma · Jul 10, 1959

"This conclusion is further confirmed by another well established principle of law, to wit, that, where a court has jurisdiction of the person and the offense, a defendant cannot take advantage of an error in his favor. … United States, 3 Cir., 60 F.2d 266 , a case clearly in point. We believe the jury intended the minimum sentence but overlooked, as did the trial court, the imposition of the fine.

Krehbiel

District Court, N.D. Oklahoma · Jul 28, 2026

Tattershall’s immunity argument on the claims against him, and last consider Mr. Krehbiel’s claims against only C&C. Mr. … Krehbiel has not specifically identified a misrepresentation that would qualify as an unlawful or deceptive practice. Dkt. 19 at 7.

St. Louis S. F. R. Co. v. Bilby

35 Okla. 589 · Supreme Court of Oklahoma · Mar 11, 1913

To give such emphasis to the words 'any loss or damage’ would be to ignore the qualifying words ‘caused by it.’ … Objection sustained, to which ruling of the court the defendant excepts.)” *608 The witness was introduced on the part of the defendant (plaintiff in error) ; and, the question clearly being leading, it was within the discretion

Stanolind Oil & Gas Co. v. Jamison

204 Okla. 93 · Supreme Court of Oklahoma · Aug 1, 1950

Instead of having herself substituted she perfected the appointment of the administrator sa that he was then qualified to act as her representative. … An authority clearly in point and holding in accord with these views is P. J. Willis & Bro. v. Pinkard (Tex. Civ. App.) 52 S. W. 626 .

Mitchell v. Ward

150 F. Supp. 2d 1194 · District Court, W.D. Oklahoma · Sep 3, 1999

The Oklahoma Court of Criminal Appeals’ decision is not in conflict with clearly established Federal law, as determined by the Supreme Court. Habeas relief on this issue is denied. M. … Petitioner has not cited, and this Court has not found, any case in which the Supreme Court has “clearly established” a due process right to allocution.

Smith v. American National Property and Casualty Company

District Court, N.D. Oklahoma · Dec 22, 2020

Mar. 30, 2018) (“A lack of recollection, however, is not sufficient to establish a genuine dispute of material fact.”); Am. Cas. … With respect to qualifications, ANPAC contends that Leonard is not qualified because he lacks any experience in insurance.

State Ex Rel. Attorney General v. Owens

125 Okla. 66 · Supreme Court of Oklahoma · May 24, 1927

“The statute clearly authorizes, as did the common law, courts to punish summarily, as contempts, acts calculated to obstruct their business. … Such is the established mode of procedure. The writer is of the view that the Supreme Court cannot ex-elude a member from sitting.

Advanta-Star Automotive Research Corporation of America v. Reynolds Ford Inc

District Court, W.D. Oklahoma · Sep 30, 2020

(“[T]he Complaint clearly contemplates that [Defendant] either made the copies itself or had a third party do so on its behalf.”). … All Rights Reserved.”), which is located at the bottom of the webpages submitted in Exhibit 1 of the Complaint, does not qualify as CMI under the statutory definition of that term.

CHRIST'S LEGACY CHURCH v. TRINITY GROUP ARCHITECTS

417 P.3d 1223 · Court of Civil Appeals of Oklahoma · Mar 19, 2018

[Trinity] is a firm qualified and interested in performing architectural work for [Plaintiff]. I feel confident that no other firm combines the qualities of integrity and experience as effectively as [Trinity]. … regard, especially when viewing the facts in the light most favorable to the nonmovant. 15 For purposes of determining whether summary judgment was properly entered, we need not determine on this appeal whether it is an established