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Decision Date

August 12, 2008
¶1 Louis R. Young, Appellant, was tried by jury in the District Court of Osage County, Case Number CF-2005-266A, and convicted of murder in the first degree, in violation of 21 O.S.Supp.2004, § 701.7 (A). The jury sentenced Appellant to life imprisonment without parole. The Honorable M. John Kane IV, District Judge, imposed judgment and sentence accordingly. Mr. Young appeals... FACTS... ¶2 Jerry Doyle was addicted to cocaine. His wife knew of his prior problems with drugs, but...  
August 12, 2008
¶1 Respondent, John Marion Wylie, has tendered his resignation from membership in the Oklahoma Bar Association pending disciplinary proceedings. The Bar has filed an application for approval of respondent's resignation. Upon consideration of this matter, we find:... 1) On July 7, 2008, Respondent executed his affidavit regarding resignation pending disciplinary proceedings... 2) Respondent's resignation was freely and voluntarily tendered; he was not subject to coercion or duress; and, he...  
July 29, 2008
¶1 Appellant Loyd Coffia was tried by jury and convicted in the District Court of Creek County, Case No. CF-2004-120, of Trafficking in Methamphetamine, After Former Conviction of a Felony (Count 1) in violation of 63 O.S.Supp.2002, § 2-415, Unlawful Possession of Controlled Dangerous Substance without Tax Stamp Affixed, After Former Conviction of a Felony (Count 2) in violation of 68 O.S.2001, § 450.8, Maintaining a Vehicle Where a Controlled Dangerous Substance is Kept, After...  
July 11, 2008
¶ 1 Creed Wright Taylor was charged in the Municipal Criminal Court of Norman, Case No. N 06-3587, with Public Intoxication, in violation of Section 15-302 of the Norman City Code.1 Taylor filed a "Motion to Dismiss for Violation of Defendant's Right to Due Process Pursuant to 43A O.S. § 3-428." The Municipal Court denied Taylor's motion to dismiss and he entered a no contest plea and was fined $150. Taylor then filed in the Municipal Court a notice of intent to appeal to the...  
July 11, 2008
¶ 1 Marlin James Mack was tried by jury and convicted of two counts of Murder in the First Degree in violation of 21 O.S.2001, § 701.7 (A), in the District Court of Tulsa County, Case No. CF-2002-2669. In accordance with the jury's recommendation the Honorable Gordon D. McAllister sentenced Mack to two sentences of life imprisonment without the possibility of parole. Mack appeals from these convictions and sentences... ¶ 2 In the early morning hours of February 17, 2000, Mack...  
July 10, 2008
ORDER OF IMMEDIATE INTERIM SUSPENSION... ¶1 This Court notes Respondent's failure to respond to this Court's show cause order of June 19, 2008, and her continued failure to participate in the Rule 6 bar disciplinary proceeding now pending before this Court. On the Court's own motion, Respondent is hereby suspended from the practice of law effective immediately. This interim suspension shall remain in place pending an opinion from this Court which determines the appropriate final discipline...  
July 1, 2008
¶1 The dispositive issue in this appeal is whether the trial court erred in granting summary judgment in favor of the defendant/appellee, State of Oklahoma ex rel. Department of Corrrections (DOC). The substantive legal contests concern the construction and constitutionality of a provision in 74 O.S.Supp.2002, § 840-2.21(D). Section 840-2.21(D) gives a state employee who has a work-related illness or injury the right to return to his or her original position, and the right exists for...  
July 1, 2008
¶1 This interlocutory appeal challenges the trial court's certification of a class of plaintiffs who assert breach of warranty claims based on an alleged defect in the steering mechanism of certain vehicles manufactured by DaimlerChrysler Corporation (Defendant). The trial court's order certifying the class is affirmed... FACTS AND PROCEDURAL HISTORY... ¶2 Plaintiff and class representative, Rhonda Masquat, brought this action asserting that LH platform vehicles contain a defect in...  
July 1, 2008
¶1 This case involves an action by a former parishioner against his former priest, archbishop, and diocese based upon allegations of predatory sexual misconduct by the priest against the parishioner and allegations that a former bishop and diocese failed to take appropriate actions against the priest. The District Court's summary judgment for the archbishop and diocese is affirmed in part and reversed in part. The judgment is reversed on claims made by the parishioner where reasonable...  
July 1, 2008
¶1 The issue presented on certiorari is whether the Court of Civil Appeals (COCA) erred in affirming a trial judge's summary judgment for plaintiff/appellee, whose terms declare an order of the Blue Ribbon Downs Board of Stewards to be void for want of jurisdiction. We answer in the negative... I... THE ANATOMY OF LITIGATION... ¶2 Cynthia Ashikian (Ashikian or trainer) trains and races horses for a living throughout the United States and Canada. In October, 2000 she was issued a...  
July 1, 2008
¶1 The United States District Court for the Northern District of Oklahoma certified three questions of Oklahoma law to this Court under the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2001 §§1601, et seq. As consolidated and reformulated,1 two questions are presented.2 The first is:... "Whether, considering Oklahoma jurisprudence and the Rules of Professional Conduct, 5 O.S. Supp. 2008, Ch. 1, App. 3-A, contracts between attorneys and clients containing...  
July 1, 2008
¶1 The question before this Court is whether the Workers' Compensation Court's finding that claimant's injuries occurred in the course of and arose out of his employment is supported by any competent evidence. We answer that there is competent evidence in the record to support this finding... I. STANDARD OF REVIEW... ¶2 We review the Worker's Compensation Court's resolutions of questions of fact under the standard of any competent evidence. Barnhill v. Smithway Motor Express, 1999 OK...  
July 1, 2008
ORDER... ¶1 This case is before the Court pursuant to Rule 11, Rules Governing Disciplinary Proceedings, 5 O.S.2001, Ch. 1, App. 1-A (RGDP), as amended, for consideration of Petitioner, Robert Davis Neilson's, Verified Petition for Reinstatement to membership in the Oklahoma Bar Association (OBA). The matter was investigated by the OBA through its Office of General Counsel and the OBA recommends favorable treatment of the petition by this Court. Further, a hearing was held in April 2008...  
July 1, 2008
¶1 Appellant and Appellee were purportedly married in Toronto, Canada on December 16, 2002. Appellant filed her Petition for Dissolution of Marriage on July 18, 2006, in Tulsa County. The Petition and Summons were properly served on Appellee on July 25, 2006. The Appellee failed to file a response. Appellant filed a Motion for Default which was set for hearing on the 20th day of November 2006. Prior to the hearing, Appellaee filed a Waiver of Summons and Time to Plead and signed the Decree...  
July 1, 2008
SUMMARY OF FACTS AND PROCEDURAL HISTORY... ¶1 The Claimant, Mary Redd, alleged that she sustained compensable injuries to her elbows, right arm, right and left wrists, and left thumb, with the date of last exposure being November 4, 2002. Her claim was filed on February 25, 2003 and her employment was terminated the following September. She initially received treatment for the pain in her elbows, including surgery on her right elbow. On July 13, 2004, the Court-appointed doctor diagnosed...  
June 30, 2008
ORDER OF SUSPENSION... This matter comes on before this Court for consideration of the Recommendation for Suspension submitted by the Board of Governors of the Oklahoma Bar Association, for suspension of members from membership in the Association and from the practice of law in the State of Oklahoma, as provided by the Rules of the Supreme Court for Mandatory Continuing Legal Education for failure to comply with such rules for the year 2007... And the Court, having considered said...  
June 30, 2008
ORDER OF SUSPENSION... This matter comes on before this Court for consideration of the Recommendation for Suspension for Nonpayment of Dues submitted by the Board of Governors of the Oklahoma Bar Association, for suspension of members from membership in the Association and from the practice of law in the State of Oklahoma, for failure to pay their dues as members of such Association for the year 2008, as provided by the Rules Creating and Controlling the Oklahoma Bar Association... The Court...  
June 30, 2008
ORDER... Original jurisdiction stands assumed. Art. 7, §4, Okl. Const. Let a writ issue prohibiting the respondent, Hon. Vicki L. Robertson, or any other judge assigned to the underlying action in the District Court, Oklahoma Co., Cause No. CJ-2005-2512, from enforcing her order, filed below February 25, 2008, which denies the petitioner's motion for a protective order but limits to three persons the total number of board members (of the real party in interest) allowed to be present at...  
June 27, 2008
ORDER DENYING REQUEST FOR EXTRAORDINARY RELIEF... ¶1 On February 22, 2008, the State of Oklahoma, by and through David W. Prater, District Attorney for Oklahoma County, and Matt Dillon, Assistant District Attorney for Oklahoma County, filed an Application for Writ of Prohibition in the District Court of Oklahoma County, Case No. CF-2006-4202, styled State of Oklahoma v. Jamaris Lamonta Miles. The State seeks an order from this Court prohibiting the Respondent, the Honorable Jerry D. Bass,...  
June 25, 2008
¶1 Appellant, Jeremy Alan Williams, was charged on June 25, 2004, in Tulsa County District Court Case number CF-2004-2805, with, count one, First Degree Murder, with alternative theories of malice murder or felony murder, in violation of 21 O.S.2001, § 701.7(A) and (B), count two, Robbery with Firearms, in violation of 21 O.S.2001, § 801, and counts three and four, Shooting with Intent to Kill, in violation of 21 O.S.2001, § 652 (A).1 On October 29, 2004, the State filed a...  
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