Case law

Ellis v. State

65 O.B.A.J. 475 · Court of Criminal Appeals of Oklahoma · Jan 26, 1994

“The trial court then will have the duty to determine if the defendant has established purposeful discrimination.” Batson, 476 U.S. at 96 , 106 S.Ct. at 1722 . … The evidence clearly supports *1302 the jury’s finding that appellant knowingly created a great risk of death to more than one person in all three cases.

Richter v. Nelson

District Court, N.D. Oklahoma · Oct 30, 2023

Plaintiff avers the newly obtained information from discovery establishes grounds to add previously dismissed defendants Pitts, Lowery, and Holt. Pl.’s Mot. at 2. … Plaintiff’s complaint as amended is not clearly futile because it includes additional facts that cure the deficiencies in the prior pleadings. Id. ¶ 51; see also Foman, 371 U.S. at 182.

Coddington v. State

142 P.3d 437 · Court of Criminal Appeals of Oklahoma · Aug 16, 2006

The record does not establish that Juror Equigua was, in fact, a woman of a minority race. See f 1 supra. We find no plain error. … (citations omitted) Id. ¶ 48 The trial court clearly erred by limiting the testimony of Dr.

Royalty Petroleum Co. v. Arkla, Inc.

129 F.R.D. 674 · District Court, W.D. Oklahoma · Mar 5, 1990

The Court finds the facts, whether viewed objectively or subjectively, fail to establish good faith. … Stat. at Chap. 1, App. 3-A, R. 3.7(a) (qualified prohibition of trial advocate serving as a witness).

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.'"

SHEPARD v. STATE

2023 OK CR 15 · Court of Criminal Appeals of Oklahoma · Sep 21, 2023

Appellant argues although "a shooting clearly occurred, the evidence reflects randomness and an attempt to escape rather than malice aforethought[.]" … Appellant's allegation is based on nothing more than speculation and does not establish bias.

SHEPARD v. STATE

2023 OK CR 15 · Court of Criminal Appeals of Oklahoma · Sep 21, 2023

Appellant argues although "a shooting clearly occurred, the evidence reflects randomness and an attempt to escape rather than malice aforethought[.]" … Appellant's allegation is based on nothing more than speculation and does not establish bias.

McCoy v. Independent School District No. 1 of Tulsa County, Oklahoma

District Court, N.D. Oklahoma · Jan 24, 2025

“Whether a duty exists is a threshold legal question for the court” and depends on 9 Exceptions to the waiver of immunity are found at Okla. Stat. tit. 51, § 155. … Yet— A foreseeable risk of harm alone is not enough to establish a duty of care under Oklahoma law.

Question Submitted by: The Honorable Ryan Martinez, Oklahoma House of Representatives, District 39

2023 OK AG 4 · Oklahoma Attorney General Reports · Apr 13, 2023

Code § 260:115-5-19(b). 8 OMES has promulgated administrative rules to establish an audit team that conducts audits of agency acquisitions and promulgated administrative rules to govern the audits. Okla. Admin. … Poor Persons Cite Name Level 56 O.S. 4001.2, State Treasurer to Facilitate Access to a Qualified ABLE Program - Duties Upon Selection of Options Cited Title 57.

Tobin v. Tobin

89 Okla. 12 · Supreme Court of Oklahoma · Mar 13, 1923

M.) 1S5 Pac. 7S0,-where-in it is said: “Without pursuing this subject further, we think it is well established by the great weight of authority that the power of the courts in matrimonial matters in this country are to be … Thraves, 50 Okla. 691 , 151 Pac. 598 , substantially to the effect that in cases of equitable cognizance the court on appeal has power to go into and examine the evidence, and where the judgment of the trial court is clearly

Wrenn

District Court, W.D. Oklahoma · Mar 13, 2026

, and is not to be established argumentatively or by mere inference.” … Wrenn’s grammatical errors muddy the waters, but the allegation clearly characterizes the deferred prosecution agreement as “coerced.” Id.

Washington v. State

989 P.2d 960 · Court of Criminal Appeals of Oklahoma · May 7, 1999

The question of whether or not a lay witness is qualified to render an opinion is a preliminary determination within the sound discretion of the trial court whose decision will not be disturbed unless clearly erroneous or … Such argument is clearly improper. Id. See also Brown v.

Reeves v. Agee

769 P.2d 745 · Supreme Court of Oklahoma · Feb 24, 1989

We know of no rule which gives lawyers absolute immunity from liability for malicious prosecution. 35 A demurrer can reach no more than issues of law apparent from the face of the pleading to which it is directed. 36 Only … Included in the ever expanding litany of things covered by judicial notice are matters of "common and general knowledge” that are "well established and authoritatively settled." Boatman v.

Washington v. Oklahoma City City of

District Court, W.D. Oklahoma · Sep 20, 2023

No. 174-6] at 66:3-4. 12 The Court previously dismissed Plaintiff’s claims against Officer Reynolds, holding that he was entitled to qualified immunity. … Nothing in the record establishes, or even suggests, that Defendants breached any duty owed toward Plaintiff in failing to adequately train Ms.

Whitten v. McCurtain County Jail Trust

District Court, E.D. Oklahoma · Jun 13, 2025

Thus, the appropriate inquiry is “‘whether the complaint sufficiently alleges facts supporting all the elements necessary to establish an entitlement to relief under the legal theory proposed.’” Lane v. … Additionally, he contends Plaintiff fails to state a claim against him and that he is therefore entitled to qualified immunity. A. Statute of Limitations and Oklahoma’s Savings Statute.

United States v. King

212 F. Supp. 3d 1113 · District Court, W.D. Oklahoma · Jan 21, 2015

Here, the court finds the following facts established by the evidence. Mr. … Stewart was clearly taking at the behest of the government. 16 Thus, even setting aside the change in Mr.

Latting v. Cordell

197 Okla. 369 · Supreme Court of Oklahoma · Aug 19, 1946

Thus, in New York, the exception was clearly not self-executing. … They established Federally a republic and a state in the nature of a commonwealth. These they devoted to law and order. Time and space should not be abused to demonstrate that la loi is narrower than le droit. Dugit.

Jackson v. State

964 P.2d 875 · Court of Criminal Appeals of Oklahoma · Jun 30, 1998

Persons who are not qualified to serve as jurors are: Persons who have been convicted of any felony or who have served a term of imprisonment in any penitentiary, state or federal, for the commission of a felony; provided … We should establish the following procedure for applying the standard set out in Kinsey : 1.

King v. King

76 O.B.A.J. 362 · Supreme Court of Oklahoma · Feb 1, 2005

Intent is ascertained from the whole act in light of its general purpose and objective 43 considering relevant provisions together to give full force and effect to each. 44 When a special statute clearly includes the matter … Rather, counsel-fee allowances are granted only to the litigant who qualifies for the benefit through the process of a judicial balancing of the equities. 56 This Court determines the right for appellate attorney fees in

Hargis v. Equinox Collection Services, Inc.

District Court, N.D. Oklahoma · Jun 3, 2019

Intangible harm may still qualify as “concrete,” and courts are instructed to consider both history and the judgment of Congress in determining whether a particular intangible harm constitutes injury in fact. … ZZZ’s as the “Original Creditor” constitutes a violation of § 1692g(a)(2), the failure to clearly identify “the name of the creditor to whom the debt is owed” poses a real risk of harm.