Case law

Ethics Commission v. Keating

958 P.2d 1250 · Supreme Court of Oklahoma · Aug 20, 1998

will fit into a coherent symmetry of legislation. 18 I would hence hold that because the Oklahoma Constitution does not free the Governor from the restraint of the Commission’s ethical commands nor otherwise arm him with immunity … Kelsen explained the concept of concretization in the following passage: "From a dynamic standpoint, the individual norm created by the judicial decision is a stage in a process beginning with the establishment of the first

Alvarado

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

Servs., Policy Alert: Bona Fide Determination Process for Victims of Qualifying Crimes, and Employment Authorization and Deferred Action for Certain Petitioners (June 14, 2021) [hereinafter Policy Alert]. … Clearly the chronology of the process is not as fixed as Defendants suggest. . . . “USCIS clearly wields sole and unadulterated discretion to set forth, abide by, and eliminate the BFD process.”

Jenkins v. CACI Inc - Federal

District Court, W.D. Oklahoma · Oct 23, 2023

Because the charge of discrimination was clearly filed more than 300 days from the date she was terminated and was no longer in the office, and Shaffer has not proffered any evidence to warrant equitable tolling … Shaffer can establish the third prong of the McDonnell Douglas framework in various ways, such as “[she] was qualified for [her] job . . . and [] the job was not eliminated after [her] discharge,” “actions or remarks made

Traxler v. State

96 Okla. Crim. 231 · Court of Criminal Appeals of Oklahoma · Dec 10, 1952

In such cases the prevailing applicable rule appears to be that the state authorities are not guilty of laches by failure to bring the incarcerated accused to trial in that “it had been clearly established that the surrender … When property is taken under the circumstances, required to constitute robbery, the fact that the property was of trifling value does not qualify the offense. “§ 796.

Glossip v. State

157 P.3d 143 · Court of Criminal Appeals of Oklahoma · Apr 13, 2007

persuasive argument for) its assumption that non-accomplice evidence suggesting that a defendant had a motive to commit a crime, assisted the perpetrator in concealing a crime, or planned to leave the area afterward can qualify … The transcript only clearly indicates one portion of her testimony that the prosecutor wrote down, namely, that Glossip told her to stay in her room when the owner came around.

Question Submitted by: Director Stan Florence, Oklahoma State Bureau of Investigation

2016 OK AG 8 · Oklahoma Attorney General Reports · Oct 19, 2016

DNA samples shall be collected by the arresting authority as qualified pursuant to subsection B of this section. … State Government Cite Name Level 74 O.S. 150 .27a, Establishment of OSBI DNA Offender Database Discussed at Length

Volvo Commercial Finance LLC the Americas v. McClellan

74 O.B.A.J. 1088 · Court of Civil Appeals of Oklahoma · Oct 23, 2002

He is said to have a "qualified possessory right" ''in the property. Id. at ¶ 11, 664 P.2d at 381 (footnotes omitted). As good-faith purchasers, Firstar and Houdek have lawful possession of the Truck against VCF. … VCF clearly had a superior pos-sessory interest in the Truck prior to the time the Truck was sold to Firstar and Hou-dek.

Doughty v. Commissioner of Social Security Administration

District Court, W.D. Oklahoma · Mar 27, 2025

In his evaluation, the ALJ provided evidentiary support in the form of specific page citations to the record, clearly articulated for this Court’s review. … State agency medical consultants are “highly qualified and experts in Social Security disability evaluation.” 20 C.F.R. § 404.1513a(b)(1).

Malicoat v. State

71 O.B.A.J. 142 · Court of Criminal Appeals of Oklahoma · Jan 7, 2000

This was not clearly an abuse of discretion. … Admission of this evidence was not clearly an abuse of discretion.

WESTERN HEIGHTS INDEPENDENT SCHOOL DISTRICT v. STATE

2022 OK 79 · Supreme Court of Oklahoma · Oct 4, 2022

Review of an order requesting relief in the nature of an injunction is whether the trial court abused its discretion or entered a decision clearly against the weight of the evidence. … This appears to be the approach taken by the State Board, the sum of identified problems qualifies as an emergency and requires immediate attention and correction. ¶55 A totality-of-circumstances analysis for Barnes's requested

In Re Farmers Insurance Co., Inc., FCRA Litigation

738 F. Supp. 2d 1180 · District Court, W.D. Oklahoma · Sep 20, 2010

Even though the Ashby plaintiffs knew that the new-business insureds were entitled to an FCRA notice, the court concluded that “the absence of a clearly established baseline for determining which new insureds must receive … The court therefore concludes that the absence of a clearly established baseline does not preclude a jury finding that defendants willfully violated the FCRA by failing to provide adequate adverse-action notices to new-business

Wright v. State

72 O.B.A.J. 1998 · Court of Criminal Appeals of Oklahoma · Jun 28, 2001

Within the Dodd context, Poorboy does not qualify as a jailhouse informant. … After considering the evidence, the judge should determine whether the movant established the probable truthfulness of the informant's testimony. If not, the testimony *1159 should be excluded.

Electrical Research Products, Inc. v. Home Amusement Co.

6 F. Supp. 367 · District Court, W.D. Oklahoma · Feb 15, 1934

The court is of the opinion that the rule is too well established for any doubt to exist. … In No. 4613 the plaintiff is clearly entitled to judgment as prayed for in its petition. Exception allowed defendant in each ease. Forms of judgment may be submitted consistent with this opinion.

Tansy v. Dacomed Corp.

65 O.B.A.J. 4192 · Supreme Court of Oklahoma · Dec 20, 1994

Barnes was incorrect, and the jury clearly observed that the device failed because a cable broke. … Section B clearly states that this evidence is not admissible to prove character, but may be admitted to establish, inter alia, knowledge of, or absence of, mistake or accident.

Statham v. Rankins

District Court, E.D. Oklahoma · Mar 27, 2023

Further, Petitioner’s complaint of ambiguity of federal decisional law does not qualify as a state-created unlawful impediment to support application of § 2244(d)(1)(B). … Sept. 17, 2021) (unpublished) (McGirt “did not recognize a new constitutional right when it relied on clearly established Supreme Court precedent” to determine Creek Reservation had not been disestablished); see also McGirt

Ford, Jr. v. Landon

United States Bankruptcy Court, N.D. Oklahoma · Aug 11, 2020

preclusion under Massachusetts law are: “(1) the identity or privity of the parties to the present and prior actions, (2) identity of the cause of action, and (3) prior final judgment on the merits.”15 The first element is clearly … Although some of the conduct described by the statute could qualify under the § 526(a)(6) definition of malicious, by no means all of the described conduct qualified.

BENCH v. STATE

2018 OK CR 31 · Court of Criminal Appeals of Oklahoma · Oct 4, 2018

Our review for prosecutorial misconduct is well established. … The point here is not just that the attack was brutal and cruel; it clearly was.

United States v. Myers

District Court, N.D. Oklahoma · Mar 6, 2023

Defendant’s § 2255 motion is fully briefed and he has clearly articulated the factual and legal issues that he believes support his request to vacate his 18 U.S.C. § 924(c) convictions, and the Court finds that it would not … An offense must now qualify under § 924(c)(3)(A), known as the elements clause, in order to serve as a predicate offense for a § 924(c) conviction.

City of Norman v. Allen

47 Okla. 74 · Supreme Court of Oklahoma · Mar 30, 1915

At this meeting September 27th, there were present the mayor and only seven councilmen elect, the other councilman having resigned and his successor, though appointed, not having qualified, and the appraisers’ report was … It was an act with reference to a purely ministerial matter, and one clearly in excess of its powers. It was an act outside of the powers of the municipal council which invades the property rights of the contractor.

Reed

District Court, N.D. Oklahoma · Mar 25, 2026

Restatement (Second) of Torts § 577 (1977).5 Under Oklahoma law, however, intracompany communications do not qualify as publications. Starr v. … The existence of the requisite state of mind to destroy a qualified privilege is “normally a question of fact.”