Case law

MARTIN v. PHILLIPS

422 P.3d 143 · Supreme Court of Oklahoma · Jun 26, 2018

The mother moved for partial summary adjudication in the case, arguing that Phillips's conviction for the crimes establishes his liability for the torts. … If the court must qualify an Alford plea as one or the other, as the majority suggests, I would find that an Alford plea more closely resembles a plea of nolo contendere .

United States ex rel. Search v. Choctaw, Oklahoma & Gulf Railroad

3 Okla. 404 · Supreme Court of Oklahoma · Jun 15, 1895

that where relief is sought merely for the pro *471 tection of private rights, the relator must show some separate and distinct personal interest in the matter, since he is regarded as the real party and his rights must clearly … The power given by these acts was by the act of August 24, 1894, vested in the defendant railroad company with “all the powers, rights, immunities, *488 privileges and franchises which have been heretofore granted to, or

OSAGE NATION v. BD. OF COMMISSIONERS OF OSAGE COUNTY and OSAGE NATION v. OSAGE COUNTY BD. OF ADJUSTMENT

394 P.3d 1224 · Supreme Court of Oklahoma · May 2, 2017

The former practice in Oklahoma of using a demurrer to challenge a petition allowed laches to be raised by demurrer when laches clearly appeared on the face of the petition. May v. City Nat. … standing is when plaintiff sues to secure judicial relief that would benefit a public entity or the community as a whole, but Hohfeldian standing is when a plaintiff seeks to adjudicate his or her claimed right, privilege, immunity

Lee v. Turn Key Health Clinics, LLC

District Court, N.D. Oklahoma · Feb 27, 2020

Not documenting or evaluating patients properly”; “Found one case clearly demonstrates a lack of training, perforated appendix due to lack of training and supervision”; “Found two detainees with clear mental … State Law Negligence Claim This court has previously held that a private entity that contracted with the State to provide healthcare services was immune from tort liability under

Christina Lee Lanier-Fravel

United States Bankruptcy Court, N.D. Oklahoma · May 18, 2026

The words ‘unless the debtor may be a debtor under such chapter’ expressly conditioned Marrama’s right to convert on his ability to qualify as a ‘debtor’ under Chapter 13.”); L. v. … Debtor’s reported monthly income of $10,300.00 is clearly insufficient to cure the arrears and make ongoing mortgage payments over the life of a 32 In re Sherman, 600 B.R. 453, 456-57 (Bankr.

Williams v. State

22 P.3d 702 · Court of Criminal Appeals of Oklahoma · Jun 21, 2001

Y13 The Oklahoma Uniform Jury Instructions-Criminal set forth the questions and answers a trial judge should ask when death qualifying a jury. See OUJI-CR (2d) 1-5. … It is well established that juries are presumed to follow their instructions. United States. v.

Payne v. Sultzer

District Court, N.D. Oklahoma · Sep 30, 2019

Rather, to establish that a city is liable for the actions of its employees or officers, a plaintiff must show: “1) the existence of a municipal policy or custom and 2) a direct causal link between the policy or custom … This is so even if, as Plaintiff alleges, Basham merely “speculated” or even “clearly lied” about Plaintiff’s involvement in the bank robbery. Dkt. 4, at 6; see Lane, 385 F.

White v. Social Security Administration

District Court, N.D. Oklahoma · Sep 2, 2021

Agency Proceedings The Social Security Act (the Act) provides disability insurance benefits to qualifying individuals who have a physical or mental disability. … “The determination . . . must contain specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly articulated so the individual and any

Harness v. Myers

143 Okla. 147 · Supreme Court of Oklahoma · Feb 4, 1930

S. 1921, omits the qualifying words “as the court may deem proper.” … Justice Harrison, to concur in the establishment of a rule of law by this court to permit infants “like bleating lambs to be led to slaughter” and gutted of their property, with posting of notice directed to their parents

Jones v. Local 798 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-Cio

District Court, N.D. Oklahoma · Mar 26, 2024

In Burkes, the egregious racist action by an employee was sufficient to establish his intent. Id. … Although the overtly racist image was sufficient to establish intent of the employee, it does not follow that any instance of overtly racist expression by another union member is sufficient to establish discriminatory intent

Carter Oil Co. v. Eli

164 Okla. 273 · Supreme Court of Oklahoma · Nov 22, 1932

I regard no rule of law founded on sounder grounds nor more firmly established than that announced by this court in Hill v. … And plaintiffs’ suit in ejectment was clearly at law.

Knight v. Social Security Administration

District Court, E.D. Oklahoma · Sep 12, 2019

The Court may not reweigh the evidence or substitute its discretion for the 2 Step one requires the claimant to establish that she is not engaged in substantial gainful activity. … Additionally, it was clearly improper for the ALJ to reject Dr. Brown’s opinions upon speculation that he relied solely on the claimant’s subjective statements in preparing some of his opinions.

Brown v. State Farm Fire and Casualty Company

District Court, N.D. Oklahoma · Mar 23, 2022

Sam Tanksley Trucking, Inc., 708 F.2d 519, 522 (10th Cir. 1983), for the proposition that “[r]eference to the wealth or poverty of either party, or reflection on financial disparity, is clearly improper argument.” … Rule 702 states that a “witness who is qualified as an expert by knowledge, skill, experience, training or education may testify in the form of an opinion or otherwise if: (a) the expert’s scientific, technical, or other

Torres v. States

69 O.B.A.J. 2657 · Court of Criminal Appeals of Oklahoma · Jun 30, 1998

The standard for reviewing claims of ineffective assistance of counsel is well-established and was set out by the Supreme Court in Strickland v. … Macy’s personal opinion as to the appropriateness of the death penalty and, as such, was clearly improper.”) . 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). . Id. at 687 , 104 S.Ct. at 2064 . . See Woodruff v.

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. BEDNAR

441 P.3d 91 · Supreme Court of Oklahoma · Mar 12, 2019

Learning about the lawsuit on their own, each of the judges moved to dismiss the case on June 8, 2016, through private counsel and the Attorney General's Office, based on failure to state a claim and judicial immunity. ¶ … It was later established that Respondent had in fact been notified of the deposition and had even exchanged several e-mails with opposing counsel attempting to reschedule it.

ALICIA HARRIS, as Special Administrator of the Estate of Tory Ray Wiliams, Sr., deceased v. VIC REGALADO, in his official capacity as Tulsa County Sheriff, TURN KEY HEALTH CLINICS, LLC, an Oklahoma limited liability corporation, and MEGAN RASOR, APRN

District Court, N.D. Oklahoma · Aug 11, 2026

The Tenth Circuit and Oklahoma district courts have not clearly adopted this approach, and the Court does not rely on it here. … It is well- established that “a municipality is immune from punitive damages under 42 U.S.C. § 1983.” City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 271 (1981).

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. BEDNAR

2019 OK 12 · Supreme Court of Oklahoma · Mar 12, 2019

Learning about the lawsuit on their own, each of the judges moved to dismiss the case on June 8, 2016, through private counsel and the Attorney General's Office, based on failure to state a claim and judicial immunity. … It was later established that Respondent had in fact been notified of the deposition and had even exchanged several e-mails with opposing counsel attempting to reschedule it.

Morgan v. Provident Life and Accident Insurance Company

District Court, W.D. Oklahoma · Jan 25, 2024

See Def.’s Mot. at 3. 3 Defendant qualifies this statement with a condition: “other than reflected in the exhibits identified by the parties.” Id. … The admissibility of such evidence is governed by Rule 701, which permits opinion testimony “that is: (a) rationally based on the witness’s perception; (b) helpful to clearly understanding the witness’s testimony

McCollough v. Social Security Administration

District Court, E.D. Oklahoma · Mar 27, 2020

The ALJ’s decision “must contain specific reasons for the weight given to the [claimant’s] symptoms, be consistent with and supported by the evidence, and be clearly articulated so the … She concluded the janitor position qualified as past relevant work. (Tr. 23).

Singh

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

Under § 1225(b)(2)(A), “in the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted … And while a noncitizen arrested in the Midwest might qualify as “an alien present in the United States who had not been admitted,” § 1225(a)(1), the mandatory detention provision upon which Defendants rely, limits its