71 results for 'court:"Oklahoma Courts Of Appeal"'.
J. Wiseman finds the trial court properly vacated the default judgment. The judgment was entered against the at-fault driver in this auto collision suit after the owner of the damaged company vehicle accused her insurer, Allstate, of using a valuation that did not consider the pandemic's effect on fair market value and inflation. The petition to vacate was filed and the court found the at-fault driver was not in default when the judgment was entered, nor was she provided proper notice. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman , Filed On: May 2, 2024, Case #: 121053, Categories: Insurance, Vehicle, Due Process
J. Hudson finds the trial court properly convicted defendant for child sexual abuse and rape, sentencing him to 25 years in prison. Nothing in defendant's confession video suggests coercion or involuntariness, and he fails to show the court's decision to allow it into evidence was erroneous. All evidence supports the conviction and nothing in the record suggests the judge considered extraneous allegation when sentencing. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hudson , Filed On: May 2, 2024, Case #: F-2022-620, Categories: Evidence, Sex Offender, Child Victims
J. Hixon finds the district court improperly entered summary judgment in favor of the law firm in this attorney fee dispute. The partnered law firm sought declaratory judgment regarding the enforceability of a fee-splitting and referral agreement, bringing multiple contract and fraud-based allegations, and seeking damages for alleged nonpayment. Though the agreement and associated contracts do not comply with requirements of a particular rule of professional conduct, the rule may not be used as a defense. Summary judgment on cases not litigated by the attorney was properly entered. Reversed in part.
Court: Oklahoma Courts Of Appeal, Judge: Hixon , Filed On: April 25, 2024, Case #: 120999, Categories: Attorney Fees, Contract
J. Lewis finds the trial court properly convicted defendant for racketeering, conspiracy, assault and battery with a deadly weapon and related charges, sentencing him to 60 years in prison. The court correctly instructed the jury on the elements of racketeering and substantial evidence supports all convictions. Defendant shows no error in any of his 11 contentions, while all sentencing factors were properly considered. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Lewis , Filed On: April 18, 2024, Case #: F-2021-485, Categories: Firearms, Conspiracy, Racketeering
J. Rowland finds the trial court properly convicted defendant for two counts of murder, sentencing him to death. Defendant became the prime suspect after a bank employee notified police of a series of transactions on the victim's debit card after her and her young son's deaths at their home. Defendant was identified by ATM photos and the testimony of the victim's sister, as well as testimony of multiple witnesses of preceding events. Even if the "knowingly creating a great risk of death" aggravator is invalid on certain counts, the remaining valid aggravating factor outweighs mitigating evidence and supports the sentence. The jury's finding the murder was especially heinous or cruel, as well as defendant's high risk for reoffending, is well supported. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Rowland , Filed On: April 18, 2024, Case #: D-2019-542, Categories: Death Penalty, Murder, Sentencing
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J. Musseman finds the trial court properly convicted defendant for lewd or indecent proposals to a child under 16 based on sufficient evidence. The jury's 5-year sentence was within the statutory range and the sentencing judge imposed the assessed sentence. Defendant raised no objection during sentencing. Though defendant made only proposals to the child, he is equally legally culpable as one having committed the act of sexual molestation. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman, Filed On: April 11, 2024, Case #: F-2022-787, Categories: Sentencing, Sex Offender, Child Victims
J. Fischer finds the district court properly entered the divorce decree. The couple was married in California and after the separation the wife moved to Oklahoma. The divorce proceeded between the states slowly and contentiously. Though the ex-wife has not preserved any of the many issues she puts forth, the court's review for fundamental error finds none. The ex-wife's claim she did not receive proper notice is not supported by the record. Affirmed
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: April 11, 2024, Case #: 117025, Categories: Family Law, Property, Contract
J. Hudson finds the trial court properly convicted defendant for manslaughter. It is undisputed defendant stabbed the victim to death, suspecting him of having a sexual relationship with his girlfriend. Though defendant asserted self-defense, he sustained no significant injury. Defendant's claim the trial court did not have jurisdiction, being he is a member of the Osage Nation, no case he cites overrules precedent that the Osage reservation was disestablished by congress. Possible jury privacy infringements from security video of deliberation are not structural but are subject to a rebuttable presumption of prejudice. The state aptly rebutted this. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hudson , Filed On: April 4, 2024, Case #: F-2022-208, Categories: Jury, Manslaughter, Jurisdiction
J. Musseman finds the trial court properly convicted defendant for lewd and indecent acts with a child. Defendant alleges insufficient representation for counsel's alleged failure to move to quash for the state's not putting on evidence at the preliminary hearing of the required element the victim was under the age of 16. Necessary evidence was presented at trial, and defendant fails to show defense counsel's failure to seek a motion to quash at the preliminary hearing impacted the outcome. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman , Filed On: March 21, 2024, Case #: F-2022-367, Categories: Sex Offender, Due Process, Child Victims
J. Musseman finds the trial court properly granted defendant's motion for immunity from various alternative charges for murder and manslaughter, committed either during commission of a misdemeanor or in the heat of passion. Defendant shot and killed his half-brother after having learned of an ongoing domestic altercation the brother was having with his wife. The court thoroughly evaluated defendant's claim of immunity, finding he demonstrated by a preponderance of the evidence that he was not engaged in an unlawful activity, was on a public roadway when he was attacked by the brother, and that he reasonably believed deadly force was necessary to prevent death or bodily harm. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman , Filed On: March 7, 2024, Case #: S-2023-720, Categories: Evidence, Murder, Justification
J. Rowland finds the trial court properly dismissed the DUI under suspended license case. The court lacks jurisdiction, as the offense occurred in Indian territory by the Indian defendant. Though it is true that a case cited by the state offers no guidance as to how the balancing test should be applied to Indian defendants, the General Crimes Act is logically read to preempt state jurisdiction over Indians, while not preempting another class, without mentioning either class. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Rowland , Filed On: March 7, 2024, Case #: S-2023-409, Categories: Dui, Jurisdiction
J. Fischer finds the district court improperly denied the insurance company's motion for attorney fees in this declaratory judgment action. The company filed to determine whether its appraisal procedure had been triggered by the insured's demand for a storm damage appraisal. The company prevailed on its appraisal issue and the insured's contract counterclaim. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: March 7, 2024, Case #: 119695, Categories: Insurance, Attorney Fees, Contract
J. Huber finds the district court improperly denied an award of attorney fees to the pontoon boat operator. The negligence suit was brought by a passenger who sustained injuries after falling from the boat. The passenger rejected two offers of judgment from the operator and the court entered a take-nothing judgment in favor of the operator, awarding him costs but not attorney fees. The court incorrectly determined the operator's offer of judgment made under a particular statute controlled and that he was not entitled to attorney fees from another offer made under a statute allowing for recovery of attorney fees. Vacated in part.
Court: Oklahoma Courts Of Appeal, Judge: Huber, Filed On: February 29, 2024, Case #: 120265, Categories: Settlements, Negligence, Attorney Fees
J. Hixon finds the workers' compensation court improperly denied the patient's request for a spinal cord stimulator as continued medical maintenance. The lower court awarded permanent partial disability and continued pain management to the patient, and the stimulator was recommended by his doctor and awarded at the time the patient reached maximum improvement. The lower court erroneously held he was required to file a motion to reopen and demonstrate a change of condition. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Hixon, Filed On: February 15, 2024, Case #: 120960, Categories: Health Care, Workers' Compensation
J. Barnes finds the district court improperly found a certain business is the separate property of the husband in a divorce case. The wife's father gave the husband a $100,000 line of credit to start the company. Though the wife and her father were signatories to the organizing document, the court found no authority that being a service agent or a signatory constitutes a partnership in the underlying LLC. The jointly-acquired marital portion of the value of the business must be calculated by the court. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Barnes, Filed On: February 15, 2024, Case #: 119960, Categories: Family Law, Property
J. Prince finds the trial court improperly dismissed the negligence action. The father and pediatric health care customer brought claims against the health care facility after a cyber-attack on health care records breached personal information. The father has standing, and there are questions of fact as to whether facility's choice of electronic records keeper was adequate to protect patients' personal information. Also, if a physician negligently discloses a patient's information through electronic or other means, the patient may maintain an action for damages in tort. Reversed in part.
Court: Oklahoma Courts Of Appeal, Judge: Prince , Filed On: February 1, 2024, Case #: 121682, Categories: Health Care, Fiduciary Duty, Negligence
J. Hixson finds the county court properly found for the medical center. The mother who underwent an emergency c-section brought negligence claims against the doctor after she experienced a surgical wound separation, which was repaired, then, 9 years later, underwent a hiatal hernia repair procedure. No information in the mother's Cameroonian gynecological expert's affidavit would allow one to conclude that he is qualified to testify on the standard of care in performing c-sections in the U.S. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixson , Filed On: February 1, 2024, Case #: 120354, Categories: Health Care, International Law, Experts
J. Goree finds the county court properly dismissed the former labor commissioner candidate's RICO counterclaim. The consulting firm says the candidate committed slander and invasion of privacy with a press release suggesting it sought to discredit him, while his counterclaim alleged extortion, wire fraud and mail fraud. The object of allegedly fraudulent mailers and TV ads was to influence voters, not to deprive the candidate of money or property. Pleadings involving mail and wire fraud are insufficient, while there is also no pattern of racketeering. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Goree , Filed On: February 1, 2024, Case #: 121445, Categories: Elections, Fraud, Damages
J. Wiseman finds the trial court properly awarded damages to the wife injured in the traffic accident. The driver of the at-fault vehicle admitted fault and the court awarded damages to the wife, who was driving, but not her husband, who was a passenger. The 5-mph collision occurred at an intersection, with one vehicle just beginning to move from a standstill and the other slowing down to make a turn. The husband and wife cannot prove reckless disregard. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman , Filed On: February 1, 2024, Case #: 120153, Categories: Tort, Vehicle, Damages
J. Hixon finds an $11,000 damages award to a driver and passenger in a collision case was adequate. The oilwell worker, driving in the scope of his employment, struck the injured parties' vehicle when stopped at a stop sign. Although the oilwell worker's behavior constitutes reckless driving, the injured parties fail to show this automatically warrants an instruction on punitive damages. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixon , Filed On: February 1, 2024, Case #: 120288, Categories: Vehicle, Damages, Negligence
J. Lumpkin finds the district court properly revoked defendant's suspended sentence for guilty plea convictions for rape by instrumentation. Probation rules directed defendant to report in Oklahoma, and bore his and his attorney's signatures, establishing he was aware of the requirements. That the probation was to be transferred to Arkansas did not absolve defendant of the requirement he stay in Oklahoma until transfer. Evidence supports revocation for the infractions of failure to report or pay fines, as well. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Lumpkin, Filed On: January 25, 2024, Case #: RE-2022-638, Categories: Probation, Sex Offender, Plea
J. Mitchell finds the county court properly terminated the mother's parental rights to her two children. After removal, the mother did not correct her issues with substance abuse and neglect, or the lack of a safe and stable home. The children had been in foster care for six months before termination, and there had been significant erosion in the relationships due to the prolonged absence. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Mitchell , Filed On: January 4, 2024, Case #: 120893, Categories: Evidence, Family Law, Guardianship
J. Mitchell finds the trial court properly granted the trust's motion for summary judgment. The court quieted title to the land in favor the trust in this suit involving conflicting claims of ownership. Though the party in possession of the land had resided at and improved the property, the owner later executed a warranty deed in favor of the trust, which then recorded this in the land records. Applicable law clearly states that possession does not confer title. Title belongs to the first to file of record. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Mitchell , Filed On: January 4, 2024, Case #: 121212, Categories: Administrative Law, Property, Contract
J. Rowland finds the trial court improperly convicted defendant for first-degree murder. Though defendant originally requested to represent himself, then agreed to have counsel appointed after admonishment, any obstructionist or delay tactics did not occur until after his second request to defend himself, which was denied. The record does not support the state's assertion that defendant's requests were attempts at delay. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Rowland , Filed On: December 21, 2023, Case #: F-2021-1390, Categories: Murder, Speedy Trial, Self Representation
J. Musseman finds the trial court properly convicted defendant for first-degree murder and shooting with the intent to kill. The introduction of the medical examiner's report and toxicology report, though they do not fall under the hearsay exception, did not substantially affect the outcome of the case. Photographic lineups were not impermissibly suggestive and did not give rise to a likelihood of misidentification, and no ineffective assistance by counsel is found. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman , Filed On: December 21, 2023, Case #: F-2021-692, Categories: Evidence, Ineffective Assistance, Murder
J. Musseman denies defendant's request for extraordinary writ to compel the trial court to dismiss his larceny and concealing stolen property case for lack of jurisdiction. The motion to dismiss was filed after the state filed an application to terminate the participation in drug court. Having entered his guilty plea, participated in drug court and reserved his protest for two years, defendant has waived his McGirt "Indian jurisdiction" claim.
Court: Oklahoma Courts Of Appeal, Judge: Musseman , Filed On: December 14, 2023, Case #: MA-2022-937, Categories: Theft, Jurisdiction, Property
J. Goree finds the trial court properly ruled the unknown, purported lineal descendant is not entitled to any part of the decedent's estate. The decedent did not provide for the descendant in his will. It appears the omission was intentional because he denied having children other than the provided-for, known descendants. The decedent also made a complete disposition of his estate, describing a class of persons composed of known and unknown lineal descendants, emphasizing he intentionally and deliberately omitted to provide for all persons in that class. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Goree , Filed On: December 13, 2023, Case #: 120451, Categories: Evidence, Wills / Probate
J. Fischer finds the trial court properly denied the medical marijuana dispensary's motion for a preliminary injunction in this trademark infringement action. The medical marijuana processor, which sells pre-rolled joints to dispensaries, markets products under a different spelling of the same copyrighted name as a product marketed by the dispensary. The companies had been selling their products in the same market for more than a year before the suit was filed and there is no need for a preliminary injunction to preserve the status quo until there is a final determination made. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: December 6, 2023, Case #: 119859, Categories: Copyright, Injunction
J. Wiseman finds the district court properly denied the funeral home's motion requesting a finding the decedent was estranged from his wife at the time of his death. The Oklahoma Funeral Board found the decedent's wife, and not his mother, had the right to control the disposition of the cremains after they were given to the mother, and assessed costs and fees against the funeral home. The court properly found that the funeral home lacked standing to seek a finding of estrangement. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman , Filed On: December 6, 2023, Case #: 119971, Categories: Civil Procedure, Family Law, Property