Case law

United States v. Four (4) Firearms and One Hundred Fifty Two Rounds of Assorted Ammunition

District Court, N.D. Oklahoma · Dec 18, 2019

However, Claimant clearly states he “urges this Court to do just that.” [Dkt. 32, pp. 5-6]. … Rehlander, 666 F.3d 45, 50 (1st Cir. 2012)(involuntary admission to psychiatric hospital under Maine’s ex parte emergency procedure does not qualify as a judicial commitment under Maine’s laws); U.S. v.

Testerman v. Burt

143 Okla. 220 · Supreme Court of Oklahoma · Mar 4, 1930

There was no fiduciary relation existing between the parties, their interests were adverse, and it appears the plaintiff was attempting to establish title to the property without first establishing that right through the … act will issue to the persons shown by the application to bo entitled to be named in such leases, and despite internal dissensions, there must be, on or before October 1, 1925, in each case, some person or organization qualified

State Ex Rel. Roth v. Waterfield

167 Okla. 209 · Supreme Court of Oklahoma · Oct 17, 1933

clearly appears.” … But the remedy for the enforcement of tlie contract being established by the law-malting power, may be modified at its discretion.

Bryan v. State

935 P.2d 338 · Court of Criminal Appeals of Oklahoma · Mar 24, 1997

These clearly told the jury to consider only whether Bryan was competent to stand trial on January 10,1995. … Although no Burks notice was filed, Bryan clearly had notice that the State intended to use this evidence well in advance of trial.

Waggoner v. Marsh

District Court, N.D. Oklahoma · Aug 4, 2025

Hall 8 The Oklahoma Supreme Court has held that the “burden rests with the moving party to establish the likelihood of such harm by a preponderance of the evidence.” Id. at 911, ¶ 23. v. … In Harlow, the Supreme Court discussed the contours of the qualified immunity available to Presidential aides. Harlow, 457 U.S. at 809, 813– 19.

Holland v. Allbaugh

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

Because it is clear that the OCCA applied Strickland, Holland cannot show that the OCCA’s decision is contrary to clearly established federal law. House, 527 F.3d at 1018-19. … Holland cites no clearly established federal law governing a state court’s discretionary decision to impose consecutive rather than concurrent sentences. Dkt. 9, Am. Pet. 15; Dkt. 10, Pet’r’s Br. 39.

Hartford Life and Accident Insurance Company v. Jones-Atchison

District Court, W.D. Oklahoma · Aug 23, 2019

Preemption of State Law Claims ERISA’s preemption provision is “broadly worded” and “clearly expansive.” Egelhoff v. Egelhoff ex rel. Breiner, 532 U.S. 141, 146 (2001). … David’s sworn affidavit, nor have the Children cited any controlling case law requiring a plan administrator to investigate the veracity of sworm statements regarding the existence of surviving children or other qualifying

Blaik v. Health Care Service Corporation

District Court, W.D. Oklahoma · Sep 23, 2021

Further, Defendant bears the burden to establish its affirmative defense by identifying “allegations in this lawsuit that were clearly inconsistent with [specific] statements” in the prior case. … Under Oklahoma law, A.B. must establish the following essential elements to establish a breach of contract claim: a contract between the parties existed; the contract required certain payments to be made or obligations

Goings v. State

74 Okla. Crim. 161 · Court of Criminal Appeals of Oklahoma · Mar 25, 1942

enmity and hatred which the said Herbert Bates entertained toward this defendant was deepseated and of long standing, bnt this fact was not known to the defendant at the time the jury for the trial of said cause was being qualified … Cr. 332 , 48 P. 2d 864, 869 , it was said: “While it is an established rule of this court that verdicts which receive the approval of the trial judge will not be disturbed when supported by evidence sufficient to malee out

Johnson v. Social Security Administration

District Court, N.D. Oklahoma · Mar 28, 2023

At step two, the claimant must establish an impairment or combination of impairments that is severe. See Lax, 489 F.3d at 1084. … A claimant’s subjective complaints of pain or other symptoms, alone, cannot establish disability. See 20 C.F.R. § 404.1529(a).

Harmon v. State

248 P.3d 918 · Court of Criminal Appeals of Oklahoma · Apr 1, 2011

This expression of anger toward a perceived "snitch" tended to establish his identity as the killer. 12 O.S.2001, § 2401. … He argues it was error to admit the videotaped conversation because his statements and Battle's statements do not specifically and clearly relate to the robbery of the Q & S convenience store.

Franco-Gomez v. Noem

District Court, N.D. Oklahoma · Jun 12, 2025

But “[e]xhaustion is typically nonjurisdictional,” and courts “treat a rule as jurisdictional only if Congress clearly states that it is.” Santos-Zacaria v. Garland, 598 U.S. 411, 416-17 (2023) (cleaned up). … But even § 1252(d)(1) “lacks the clear statement necessary to qualify as jurisdictional.” Santos-Zacaria, 598 U.S. at 417.

Garrison v. State

75 O.B.A.J. 3147 · Court of Criminal Appeals of Oklahoma · Nov 30, 2004

Clearly, the authorities knew who the witnesses were in 1989 and had the physical evidence in their possession. … See OUJI-CR (2d) 9-8. 1 101 The State argues the evidence "clearly established" Appellant was in flight and had a "consciousness of guilt". But that is an exaggeration.

May v. Mid-Century Insurance Co.

151 P.3d 132 · Supreme Court of Oklahoma · Dec 19, 2006

from them. 12 A plaintiff is required neither to identify a specific theory of recovery nor to set out the correct remedy or relief to which he may be entitled. 13 If relief is possible under any set of facts which can be established … The rights and duties, if any, owed by Association to unit owners are clearly not at issue before us. Today’s opinion stands confined solely to the rights between Owner and Insurer inter se. *140 A.

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. BAILEY

2023 OK 34 · Supreme Court of Oklahoma · Apr 4, 2023

Collins clearly had an impression respondent could influence the prosecutors. … Eakin , , , 650 ("It is the OBA's burden to establish the charges by clear and convincing evidence."); cf . Massengale v. Okla.

Fisher v. Social Security Administration

District Court, N.D. Oklahoma · May 13, 2022

Specifically, Plaintiff claims the existing record clearly establishes that his mental impairments cause auditory hallucinations, command voices, fatigue, and problems with concentration and memory; therefore, … established in the record.”

Champlin Refining Co. v. Corporation Commission of Oklahoma

51 F.2d 823 · District Court, W.D. Oklahoma · Aug 11, 1931

And, in our opinion, are clearly within the competency of the Legislature. … Section 4 clearly contemplates markets and not an equal distribution of the oil in a common pool.

SE Property Holdings, LLC v. Stewart

United States Bankruptcy Court, W.D. Oklahoma · Aug 3, 2022

The revised Rule therefore clearly contemplates that the proponent of evidence will have the ability to address the opponent's objections, and the Rule allows the court to give the proponent “an … Debtors also assert that the Dowd Report fails to establish that he is a qualified expert in the field of jewelry appraisal.

BEVER v. STATE

467 P.3d 693 · Court of Criminal Appeals of Oklahoma · Jun 25, 2020

They do not establish the parameters of the constitutional right to a fair trial." … An abuse of discretion is a conclusion or judgment that is clearly against the logic and effect of the facts presented.

Cook

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

Step one requires the claimant to establish that she is not engaged in substantial gainful activity, as defined by 20 C.F.R. §§ 404.1510, 416.910. … App’x 646, 650 (10th Cir. 2016) (“Clearly, an ALJ does [not] commit error by omitting limitations not supported by the record.”); Arles v. Astrue, 438 F.