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May 13, 2010
¶ 1 Appellant Billy Gene Marshall was tried by jury and convicted of First Degree Murder (21 O.S.Supp. 2004, § 701.7) and First Degree Robbery (21 O.S. 2001, § 797), After Former Conviction of Two or More Felonies, Case No. CF-2006-2922, in the District Court of Tulsa County. The jury recommended as punishment life imprisonment without the possibility of parole for the murder conviction and life imprisonment for the robbery. The trial court sentenced accordingly, ordering the...
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May 11, 2010
¶ 1 This is an attempted appeal by the State of Oklahoma from the judgment of the District Court of Craig County allowing a writ of habeas corpus. In 1990, Mr. Powell was committed by the District Court of Garfield County to the hospital for psychiatric treatment after he was found not guilty by reason of insanity of the murder of his mother. The writ ordered the release of Clyde Powell from the Oklahoma Forensic Center, formerly Eastern State Hospital, based on evidence that Mr. Powell is...
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May 4, 2010
¶ 1 In this appeal, the appellant is the Oklahoma County Public Defender in his capacity as the attorney for the minor child and the appellees are the adoptive parents. The dispositive question is whether the district court abused its discretion in approving the adoptive parents' expenditures for fees, costs, and expenses in connection with the adoption. We answer in the affirmative and remand this cause to the district court for further proceedings consistent with this opinion... I. The...
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April 21, 2010
Supreme Court Administrative Directive... Order for the Administrative Revocation of Certified Shorthand Reporters for Failure to Comply with Continuing Education Requirements for Calendar Year 2009... The Oklahoma Board of Examiners of Official Shorthand Reporters has recommended to the Supreme Court of the State of Oklahoma the revocation of the certificate of each of the Oklahoma Certified Shorthand Court Reporters listed in the attached Exhibit A for failure to comply with the Continuing...
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April 21, 2010
ORDER OF REINSTATEMENT... The State Board of Examiners of Certified Shorthand Reporters has requested the reinstatement of the following person as having now completed all requirements for reporting annual Continuing Education for Calendar Year 2009... The Court orders that the following person is hereby reinstated from the suspension earlier imposed by S.C.A.D No. 2010-10:... REPORTER REINSTATEMENT EFFECTIVE: Krista Wagner April 15, 2010... Done on this 21st day of April, 2010...
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April 20, 2010
¶ 1 On August 30, 2007, in Oklahoma City, an employee of the City, acting within the scope and course of this employment, backed the City's dump truck into the dump truck of Salazar Roofing & Construction Company. Salazar sought damages from the City and fully complied with the notice provisions of the Governmental Tort Claims Act. Oklahoma City admitted liability, stipulated to the damages, but denied the claim, except to the extent of paying Salazar's insurance-deductible payment. It...
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April 20, 2010
¶ 1 Pursuant to 20 O.S.2001, § 1604,1 the United States District Court for the Western District of Oklahoma certifies the following question of law to this Court:... "Is a provision in an automobile insurance policy that excludes UM coverage for bodily injury sustained by any insured who is a resident family member, while occupying, or when struck by, any motor vehicle owned by that person which is not insured for uninsured motorist coverage at the time of the accident in conflict...
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April 20, 2010
¶ 0 ORDER APPROVING RESIGNATION FROM THE OKLAHOMA BAR ASSOCIATION PENDING DISCIPLINARY PROCEEDINGS... ¶ 1 Upon consideration of the complainant Oklahoma Bar Association's application for an order approving the resignation pending disciplinary proceedings of the respondent, M. Benjamin Singletary, THE COURT FINDS:... 1. M. Benjamin Singletary, OBA Number 8273, was admitted to the Oklahoma Bar Association on September 30, 1977. His official roster address as shown by the Oklahoma Bar...
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April 13, 2010
¶ 1 We granted certiorari to address a single issue: whether the claims of fraud, deceit, constructive fraud, and punitive damages are appropriate for class certification? The facts reveal that: the majority of the royalty owners appear to be Oklahoma citizens; Mobil made representations as to the appropriate payments in Oklahoma; the representations were made and acted upon primarily in Oklahoma but also in other states; Mobil made the representations in Oklahoma to the royalty owners and...
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April 12, 2010
¶1 Appellant Jack Aaron Logsdon was tried by jury and convicted and sentenced in the District Court of Logan County, Case No. CF-2005-189, of sixteen counts of fraudulent sales of securities, forgery, obtaining money by false pretenses, and racketeering.1 The Honorable Donald L. Worthington, who presided at trial, ordered that each sentence be served consecutively for a total term of imprisonment of twenty-nine years. Additionally, the district court imposed jury-recommended fines of...
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April 8, 2010
¶ 1 Edith Jane Wilcoxson (Claimant) seeks review of an order of a three-judge panel of the Workers' Compensation Court, filed on December 10, 2008, affirming in part and modifying in part the trial court's order, which awarded Claimant eight weeks of temporary total disability (TTD) benefits for a neck injury she sustained while employed by Woodward County EMS (Employer). Based on our review of the record and applicable law, we sustain the three-judge panel's order... FACTS AND PROCEDURAL...
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April 6, 2010
¶ 1 Rhinosystems, Inc., appeals the trial court's Order Compelling Arbitration filed on June 25, 2008, in which the trial court ordered Rhinosystems and Dunbar Engineering Corporation (Dunbar), to "proceed to arbitrate [their] controversy in accordance with the terms of the arbitration provision contained in the Engineering Services Proposal... ... ... ... " We find that the trial court erred in refusing to conduct an evidentiary hearing on Dunbar's Motion to Compel Arbitration and...
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April 6, 2010
¶ 1 This case involves an attempt by qui tam taxpayers to intervene in a declaratory judgment action which was brought by officials in response to their qui tam demand and notice. We hold that the order denying the motion to intervene was in error and reverse the order with instructions for further proceedings... ¶ 2 Several individuals and entities made claims against the Oklahoma Petroleum Storage Tank Release Environmental Cleanup Indemnity Fund. The Oklahoma Legislature created...
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April 6, 2010
¶ 1 On June 24, 2009, the Oklahoma Bar Association (Bar) filed a complaint pursuant to Rule 6 of the Rules Governing Disciplinary Proceedings (RGDP) against Walter D. Murdock alleging violation of Rule 1.3 RGDP, 5 O.S. 2001, Ch. 1, App. 1-A.1 The complaint states that on June 28, 2008, Walter D. Murdock was involved in a situation which resulted in his ultimately entering an Alford plea to the misdemeanor charge of Outraging Public Decency, in violation of 21 O.S. § 22.2 No additional...
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