Court Issue THURSDAY, APRIL 2, 2020 9 A.M

Total Page:16

File Type:pdf, Size:1020Kb

Court Issue THURSDAY, APRIL 2, 2020 9 A.M Volume 91 — No. 3 — 2/14/2020 Court Issue THURSDAY, APRIL 2, 2020 9 a.m. - 2:50 p.m. Oklahoma Bar Center 1901 N. Lincoln Blvd. Oklahoma City, OK 73106 ELDER LAW MCLE 6/1 IS ON THE RISE: IMPROVE YOUR PRACTICE, INCREASE YOUR CLIENTS! Program Planners:/ moderators Topics Include: Donna Jackson Durable Power of Attorney Donna J. Jackson & Associates, PLLC Health Care Power of Attorney Stephanie Alleman Alleman Law Firm, PLLC Relocation, Downsizing & Estate Sales Crisis Planning with Respect to Medicaid Eligibility Guardianships 101 Ethics and more! this program will not be live webcast Stay up-to-date and follow us on TUITION: Early-bird registration by March 26, 2020 is $150.00. After March 26th, registration is $175 and walk-ins are $200. Registration includes continental breakfast and lunch. Members licensed 2 years or less may register for $75 (late fees apply). All programs may be audited (no materials or CLE credit) for $50 by to register go to www.okbar.org/cle emailing [email protected] to register. 84 The Oklahoma Bar Journal Vol. 91 — No. 3 — 2/14/2020 THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Associa- tion. All rights reserved. Copyright© 2020 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Volume 91 – No. 3 – February 14, 2020 Board of Governors, Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service JOURNAL STAFF BOARD OF EDITORS offered by any advertisement is intended or MELISSA DELACERDA implied by publication. Advertisers are solely JOHN MORRIS WILLIAMS responsible for the content of their ads, and Editor-in-Chief Stillwater, Chair the OBA reserves the right to edit or reject [email protected] LUKE ADAMS, Clinton any advertising copy for any reason. CAROL A. MANNING, Editor Legal articles carried in THE OKLAHOMA AARON BUNDY, Tulsa [email protected] BAR JOURNAL are selected by the Board of CASSANDRA L. COATS, Editors. Information about submissions can be found at www.okbar.org. MACKENZIE SCHEER Vinita Advertising Manager PATRICIA A. FLANAGAN [email protected] BAR CENTER StaFF Yukon John Morris Williams, Executive Director; Gina LAURA STONE AMANDA GRANT, Spiro L. Hendryx, General Counsel; Richard Stevens, Communications Specialist Ethics Counsel; Jim Calloway, Director of Man- [email protected] VIRGINIA D. HENSON, Norman agement Assistance Program; Craig D. Combs, C. SCOTT JONES, Director of Administration; Susan Damron, LAURA WOLF Director of Educational Programs; Beverly Petry Communications Specialist Oklahoma City Lewis, Administrator MCLE Commission; Carol [email protected] ROY TUCKER A. Manning, Director of Communications; Rob- Muskogee bin Watson, Director of Information Technology; Loraine Dillinder Farabow, Peter Haddock, Tracy Pierce Nester, Katherine Ogden, Steve Sullins, Assistant General Counsels OFFICERS & Les Arnold, Julie A. Bays, Gary Berger, BOARD OF GOVERNORS Debbie Brink, Melody Claridge, Cheryl Corey, Ben Douglas, Dieadra Florence, Johnny SUSAN B. SHIELDS, President, Oklahoma City; Marie Floyd, Matt Gayle, Suzi Hendrix, BRANDI N. NOWAKOWSKI, Vice President, Shawnee; MICHAEL C. Debra Jenkins, Rhonda Langley, Jamie Lane, MORDY, President-Elect, Ardmore; CHARLES W. CHESNUT, Durrel Lattimore, Edward Maguire, Renee Montgomery, Whitney Mosby, Tracy Sanders, Immediate Past President, Miami; MATTHEW C. BEESE, Muskogee; Mackenzie Scheer, Mark Schneidewent, MICHAEL J. DAVIS, Durant; TIM E. DECLERCK, Enid; JOSHUA A. Laura Stone, Kurt Stoner, Krystal Willis, EDWARDS, Ada; AMBER PECKIO GARRETT, Tulsa; BRIAN T. Laura Willis, Laura Wolf & Roberta Yarbrough HERMANSON, Ponca City; ANDREW E. HUTTER, Norman; DAVID T. Oklahoma Bar Association 405-416-7000 MCKENZIE, Oklahoma City; BRIAN K. MORTON, Oklahoma City; Toll Free 800-522-8065 MILES T. PRINGLE, Oklahoma City; ROBIN L. ROCHELLE, Lawton; FAX 405-416-7001 D. KENYON WILLIAMS JR., Tulsa; JORDAN L. HAYGOOD, Chair- Continuing Legal Education 405-416-7029 person, OBA Young Lawyers Division, Shawnee Ethics Counsel 405-416-7055 General Counsel 405-416-7007 Lawyers Helping Lawyers 800-364-7886 The Oklahoma Bar Journal Court Issue is published twice Mgmt. Assistance Program 405-416-7008 monthly and delivered electronically by the Oklahoma Bar Mandatory CLE 405-416-7009 Association, 1901 N. Lincoln Boulevard, Oklahoma City, Board of Bar Examiners 405-416-7075 Oklahoma 73105. Oklahoma Bar Foundation 405-416-7070 Subscriptions $60 per year that includes the Oklahoma Bar Journal magazine published monthly, except June and July. Law students registered with the OBA and senior members www.okbar.org may subscribe for $30; all active members included in dues. Vol. 91 — No. 3 — 2/14/2020 The Oklahoma Bar Journal 85 THE OBA IS HIRING. Oklahoma Bar Association is seeking a director of educational programs. SUMMARY The Oklahoma Bar Association, the leading provider of continuing legal education in the state of Oklahoma, seeks a director of educational programs. The position manages and directs the OBA’s CLE Department and other educational events for the association. The OBA CLE Department offers comprehensive and unique live programming for Oklahoma lawyers and has an impressive list of online programs that are available to lawyers nationwide. The OBA is a mandatory bar association of 18,000 members with its headquarters in Oklahoma City. REQUIREMENTS • Five years of legal practice, CLE management and/or marketing experience • Law degree required; preference given to those licensed to practice in Oklahoma • Must be self-motivated, positive, dependable and creative • Possess a high degree of integrity and work well with others to achieve common goals • Highly organized and able to handle multiple projects and deadlines • Knowledge of budgeting processes and ability to effectively oversee budgets • Must be able to meet member needs in a fast-paced work environment • Exceptional attention to detail • Strong oral, written and interpersonal communication skills and the ability to work effectively with a wide range of constituencies • Ability to build relationships with faculty, participants and outside vendors • Problem solver, quick thinker and idea generator • Must be able to work within limits of an inside office position plus haul and transport equipment or materials required to conduct a CLE seminar SKILLS • Must be able to function in a Windows desktop environment • Proficient in Microsoft Office including Outlook and Excel • Internet resource, research and marketing expertise • Experience with online CLE presentations Send cover letter and resume by March 16, 2020, to [email protected]. All inquiries and applications will be kept confidential. Anticipated start date May 1. The OBA is an equal opportunity employer. 86 The Oklahoma Bar Journal Vol. 91 — No. 3 — 2/14/2020 OKLAHOMA BAR ASSOCIATION table of contents Feb. 14, 2020 • Vol. 91 • No. 3 page 88 Index to Court Opinions 90 Opinions of Supreme Court 161 Professional Responsibility Tribunal Annual Report 164 Opinions of Court of Criminal Appeals 171 Calendar of Events 172 Opinions of Court of Civil Appeals 184 Disposition of Cases Other Than by Publication Vol. 91 — No. 3 — 2/14/2020 The Oklahoma Bar Journal 87 Index to Opinions of Supreme Court 2019 OK 32 In The Matter of the Reinstatement of Janet Bickel Hutson to Membership in the Oklahoma Bar Association, and to the Roll of Attorneys JANET BICKEL HUT- SON, Petitioner, v. OKLAHOMA BAR ASSOCIATION, Respondent. SCBD #6672 ...................90 2019 OK 85 Establishment of the 2020 Uniform Mileage Reimbursement Rate for Expens- es Paid from the Court Fund No. SCAD-2019-101 ...........................................................................90 2020 OK 1 IN RE: Rules of the Supreme Court for Mandatory Continuing Legal Educa- tion [Rule 7, Regulations 3.6 and 4.1.3] SCBD 3319 ..........................................................................90 2020 OK 2 RE: Rate for Transcripts Paid by the Court Fund No. SCAD-2020-2 ................................95 2020 OK 3 IN RE: AMENDMENTS TO THE OKLAHOMA UNIFORM JURY INSTRUC- TIONS - CIVIL SCAD-20-5 ...................................................................................................................95 CAPRON V. EDWARDS, PLLC, Petitioner, v. Hon. Kurt Glassco, Respondent No. 118,345 ........ 107 2020 OK 5 THE INSTITUTE FOR RESPONSIBLE ALCOHOL POLICY, SOUTHERN GLAZER’S WINE AND SPIRITS OF OKLAHOMA, LLLP, J.B. JARBOE II, CENTRAL LIQUOR CO. L.P. d/b/a RNDC OKLAHOMA, JUSTIN NAIFEH, E. & J. GALLO WINERY, SUTTER HOME WINERY INC., d/b/a TRINCHERO FAMILY ESTATES, DIAGEO AMERICAS, INC., LUXCO, INC., RIBOLI FAMILY OF SAN ANTONIO WINERY, INC., JENNIFER BLACKBURN, d/b/a CELLAR WINE AND SPIRITS OF NORMAN, and DALE BLACKBURN d/b/a GRAND CRU WINE AND SPIRITS SUPERSTORE, Plaintiffs/Appellees, v. STATE OF OKLAHOMA, ex rel. ALCOHOL- IC BEVERAGE LAWS ENFORCEMENT COMMISSION, and THE HONORABLE KEVIN STITT, GOVERNOR, in his official capacity, Defendants/Appellants, and BRYAN HENDERSHOT, individually, and d/b/a BOARDWALK DISTRIBUTION COMPANY, Intervenor/Appellant. No. 118,209 ............................................................................ 108 2020 OK 6 In Re THE MARRIAGE OF: JOSHUA JOE DUKE, Petitioner/Appellee, v. PAIGE TAYLOR DUKE, Respondent/Appellant. No. 116,221 .................................................... 124 2020 OK 7 IN RE THE ESTATE OF FRED FRANKLIN JAMES, SR., deceased, and In the Matter of the Creditor
Recommended publications
  • Results Are for Rogers County. Some Numbers May Be Pre-Provisional and May Be Off by a Few Votes, but Do Not Affect the Overall Results in Any Significant Way
    Note: All results are for Rogers County. Some numbers may be pre-provisional and may be off by a few votes, but do not affect the overall results in any significant way. Source: Rogers County Election Board Archive 2010 Election Cycle Voter Turnout for Democratic Primary Election – July 27, 2010 5,990 Voted/21,913 Registered = 27.34% Oklahoma Gubernatorial Democratic Primary Results – July 27, 2010 Jari Askins Drew Edmondson 2,798 3,129 Oklahoma Superintendent of Public Instruction Democratic Primary Results – July 27, 2010 Susan Paddack Jerry Combrink 4,357 1,267 U.S. Senate Class 3 Seat Democratic Primary Results – July 27, 2010 Jim Rogers Mark Myles 3,949 1,521 U.S. House of Representative District 2 Democratic Primary Results – July 27, 2010 Jim Wilson Dan Boren 1,224 3,723 District Attorney, District 12 Democratic Primary – July 27, 2010 Janice Steidley Patrick Abitbol 3,774 2,078 Rogers County Assessor Democratic Primary Results – July 27, 2010 Chris Whipkey Brian Wilson 1,458 4,145 Rogers County Commissioner District 3 Democratic Primary Results – July 27, 2010 Joe Frank Clark Scott Gouard Leon Hershberger 370 873 828 Voter Turnout for Republican Primary Election – July 27, 2010 7,228 Voted/23,407 Registered = 30.88% Oklahoma Gubernatorial Republican Primary Results – July 27, 2010 Randy Brogdon Robert L. Jackson Mary Fallin Robert Hubbard 4,249 127 2,597 186 Oklahoma Lieutenant Gubernatorial Republican Primary Results – July 27, 2010 Bernie Adler John A. Wright Todd Lamb Paul F. Nosak Bill Crozier 373 1,176 3,986 823 361 Oklahoma State Auditor and Inspector Republican Primary Results – July 27, 2010 Gary Jones David Hanigar 4,323 1,983 Oklahoma Attorney General Republican Primary Results – July 27, 2010 Ryan Leonard Scott Pruitt 2,387 4,477 Oklahoma State Treasurer Republican Primary Results – July 27, 2010 Ken Miller Owen Laughlin 4,078 2,519 Oklahoma Superintendent of Public Instruction Republican Primary Results – July 27, 2010 Janet Barresi Brian S.
    [Show full text]
  • In the District Court of Oklahoma County State of Oklahoma
    IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA OKLAHOMA CALL FOR REPRODUCTIVE JUSTICE, on behalf of itself and its members; TULSA WOMEN’S REPRODUCTIVE CLINIC, LLC, on behalf of itself, its physicians, its staff, and its patients; ALAN BRAID, M.D., on behalf of himself and his patients; COMPREHENSIVE HEALTH OF PLANNED PARENTHOOD GREAT PLAINS, INC., on behalf of itself, its physicians, its staff, and its patients; and PLANNED CASE NO. ____________ PARENTHOOD OF ARKANSAS & EASTERN OKLAHOMA, on behalf of itself, its physicians, its staff, and its patients, Plaintiffs, v. JOHN O’CONNOR, in his official capacity as Attorney General for the State of Oklahoma; DAVID PRATER, in his official capacity as District Attorney for Oklahoma County; STEVE KUNZWEILER, in his official capacity as District Attorney for Tulsa County; LYLE KELSEY, in his official capacity as Executive Director of the Oklahoma State Board of Medical Licensure and Supervision; KATIE TEMPLETON, in her official capacity as President of the Oklahoma State Board of Osteopathic Examiners; LANCE FRYE, in his official capacity as the Commissioner of the Oklahoma State Board of Health; and JUSTIN WILSON, in his official capacity as the President of the Oklahoma State Board of Pharmacy; as well as their employees, agents, and successors, Defendants. VERIFIED PETITION Plaintiffs, by and through their undersigned attorneys, bring this Petition against the above- named Defendants, their employees, agents, and successors in office, and in support thereof allege the following: I. PRELIMINARY STATEMENT 1. “Every woman in this country has a constitutionally protected right to choose whether to terminate her pregnancy before viability.” Burns v.
    [Show full text]
  • Engrossed Senate
    ENROLLED SENATE CONCURRENT RESOLUTION NO. 59 By: Laster and Jolley of the Senate and Liotta, Hyman and McMullen of the House A Concurrent Resolution recognizing that due to an Oklahoma Supreme Court ruling certain pending legislation is unnecessary; and directing distribution. WHEREAS, the United States Supreme Court ruling in Kelo v. City of New London, Connecticut, 125 S.Ct. 2655 (2005) caused widespread concern among Oklahoma citizens concerning the protection of private property rights from governmental takings for economic development by use of eminent domain; and WHEREAS, Oklahoma constitutional and statutory authority appeared to protect Oklahoma citizens from a result similar to that which occurred in Connecticut in the Kelo case, though there was previously no definitive Oklahoma Supreme Court case on point; and WHEREAS, numerous members of the Oklahoma Senate and House of Representatives introduced legislation intended to address citizens’ concerns raised by the Kelo case, and WHEREAS, on May 9, 2006, the Oklahoma Supreme Court issued a landmark ruling in County Commissioners of Muskogee County v. Lowery, 2006 OK 31 (Okla. 2006), clearly holding and affirming that Oklahoma’s Constitution and existing statutes already prohibit government from using eminent domain to take private property solely for economic development; and WHEREAS, the Oklahoma Supreme Court’s opinion in Lowery establishes clear precedent that private economic development can never constitute sole justification for governmental exercise of eminent domain in Oklahoma. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE 2ND SESSION OF THE 50TH OKLAHOMA LEGISLATURE, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN: THAT the Oklahoma Legislature applauds the Oklahoma Supreme Court’s Lowery decision as confirming that the result that occurred in the Kelo case cannot happen under Oklahoma law.
    [Show full text]
  • Note: All Results Are for Rogers County
    Note: All results are for Rogers County. Some numbers may be pre-provisional and may be off by a few votes, but do not affect the overall results in any significant way. Source: Rogers County Election Board Archive 1994 Election Cycle Voter Turnout for Special Election for County Question – February 9, 1993 6,616 Voted/41,639 Registered = 15.89% County Question Approving the Extension of a 1% Sales Tax for the Maintenance and Construction of County Roads until 1998 – February 9, 1993 Yes No 4,531 2,048 Voter Turnout for Special Election for SQ No. 659 – February 8, 1994 3,762 Voted/36,404 Registered = 10.33% SQ No. 659: Makes Local School Millage Levies Permanent until Repealed by Voters– February 8, 1994 Yes No 2,295 1,330 Voter Turnout for Special Election for SQ No. 658 – May 10, 1994 12,566 Voted/36,754 Registered = 34.19% SQ No. 658: Approval of a State Lottery with Specifics on How Funds Would Be Controlled – May 10, 1994 Yes No 5,291 7,272 Voter Turnout for Democratic Primary Election – August 23, 1994 7,678 Voted/23,936 Registered = 32.08% Oklahoma Gubernatorial Democratic Primary Results – August 23, 1994 Jack Mildren Danny Williams Bernice Shedrick Joe Vickers 3,284 646 3,312 305 Oklahoma Lieutenant Gubernatorial Democratic Primary Results – August 23, 1994 Dave McBride Walt Roberts Nance Diamond Bob Cullison 1,130 426 2,685 3,183 Oklahoma State Auditor and Inspector Democratic Primary Results – August 23, 1994 Clifton H. Scott Allen Greeson 4,989 1,956 Oklahoma Attorney General Democratic Primary Results – August 23, 1994 John B.
    [Show full text]
  • Oklahoma Statutes Title 12. Civil Procedure
    OKLAHOMA STATUTES TITLE 12. CIVIL PROCEDURE §12-1. Title of chapter...........................................................................................................................30 §12-2. Force of common law.................................................................................................................30 §12-3. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-4. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-5. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-6. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-7. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-8. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-9. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................31 §12-10. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984...........................................................31 §12-11. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984...........................................................31 §12-12. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984...........................................................31
    [Show full text]
  • Tobacco Use Prevention and Cessation Advisory Committee
    Minutes September 10, 2002 Oklahoma State Department of Health 1000 N.E. 10th, Room 806 Oklahoma City, OK Members Present: Richard Barnes, Larry Didier (designee for Dr. Terry Cline), Dr. Frank Collins, Gary Davidson, Sue Ellis, Nancy Kabriel (designee for Sandy Garrett), Robin Gurwitch, Lynne Kennedy, Dr. Mike Morgan, Jacqueline Myles, Dr. Sheila Simpson, Dr. Gary Watson, and Koorosh Zahrai. Members Absent: Dr. Leslie Beitsch, Dr. Matthew Britt, Sherry Bynum, Lacey Masterson, Sallie McLaughlin, Mike Thornbrugh, and Dr. Francene Weatherby. Governor’s Task Force on Tobacco & Youth Members Present: Richard Barnes, Steve Brown, Mike Crutcher, Gary Davidson, Kay Floyd, Joy Leuthard (designee for Brian Foy), Nancy Kabriel (designee for Sandy Garrett), Larry Didier (designee for Terry Cline), Lynette McLain, Bob Miner, Mike Morgan, Missy Dean (designee for Carolyn Stager), Flossie Thurston, Duc M. Tu, and Raymond Vaughn, Jr. Visitors: Jayne Clarke (Lung Cancer Institute of Oklahoma), Brenda Peters (NATCO), LaDonna BlueEye (NATCO), Tracey Strader (Tobacco Settlement Endowment Trust Fund), and Charles Broadway (OSDH Legal). OSDH Staff Present: Doug Matheny, Pam Charboneau, Janet Love, Joyce Morris, Debra Shandy, Linda Wright-Eakers, and Jennifer Wilson. Dr. Mike Morgan called the meeting to order. Due to the unusual nature of the joint meeting, Dr. Mike Morgan asked that everyone present introduce themselves. Dr. Morgan stated that Tracey Strader had accepted a new position as the Executive Director of the Tobacco Settlement Endowment Trust Fund. Doug Matheny mentioned that Ms. Strader’s last day with the Tobacco Use Prevention Service had been August 9th and the paperwork for formal approval to hire a replacement had been delayed due to the state budget situation.
    [Show full text]
  • State Ownership of Beds of Inland Waters—A Summary and Reexamination Peter N
    Nebraska Law Review Volume 57 | Issue 3 Article 4 1978 State Ownership of Beds of Inland Waters—A Summary and Reexamination Peter N. Davis University of Missouri School of Law, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation Peter N. Davis, State Ownership of Beds of Inland Waters—A Summary and Reexamination, 57 Neb. L. Rev. 665 (1978) Available at: https://digitalcommons.unl.edu/nlr/vol57/iss3/4 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. By Peter N. Davis* State Ownership of Beds of Inland Waters-A Summary and Reexamination I. INTRODUCTION States rely on state ownership of the beds of streams, rivers, and lakes for various regulatory and proprietary purposes. These include licensing of bed use, leasing of underlying miner- al rights, protection of public use rights, assertion of public trust powers, and location of boundaries of abutting privately-owned land. The extent of this state ownership in states created from federal territories is determined by a conjunction of the follow- ing: (1) the "equal footing rule," (2) the law of federal land patent interpretation, (3) state rules on incidents to title to abutting uplands, (4) federal and state definitions of navigability, and (5) the law of implied grants of land from the sovereign. States have asserted title to the beds of many streams, rivers, and lakes by assuming the correctness of certain interpretations of these rules of law.
    [Show full text]
  • Commissioner Richard B. Long Chair, UUDDA/UUDA Drafting Committee
    Memo to: Commissioner Richard B. Long Chair, UUDDA/UUDA Drafting Committee From: Joe Colquitt Reporter Date: September 24, 2015 Apart from a few routine tweaks, at the close of our meeting there were three issues to be addressed. I have spent considerable time researching, reading and deciding how to address the issues raised. Here are my suggestions: ISSUE 1: Question: How can a statute overrule a constitutional provision? That is a good question with an easy answer. It cannot. Thus, as explained below, I have tweaked the language in § 2(2) and left § 4(a) intact. Why the question? Section 2(2) defines “law” to include “the federal or a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order, and an administrative rule, regulation, or order.” Section 4(a) states that with limited exceptions, “if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this [act] has the same effect as a sworn declaration.” Assume the enacting state’s constitution required all declarations used in adoption proceedings be under oath or sworn (any law to the contrary notwithstanding). Applying Section 4(a), the “law [i.e., “state constitution” – § 2(2)] of the state requires use of a sworn declaration,” yet 4(a) establishes that an unsworn declaration “has the same effect as a sworn declaration.” Ergo, the [act] trumps the state constitutional provision. But, of course, it cannot; thus, the provision is defective and declarations for adoption proceedings would need to be under oath as required by the state constitutional mandate.
    [Show full text]
  • FY-08 Legislative Appropriations
    Oklahoma House of Representatives FY‐08 Legislative Appropriations Centennial Edition Fiscal Year 2008 Legislative Appropriations Oklahoma House of Representatives Speaker Lance Cargill Appropriations and Budget Committee Representative Chris Benge, Chairman Representative Ken Miller, Vice Chair July, 2007 Prepared by: House Fiscal Staff Committee and Subcommittee Membership Appropriations and Budget Committee Chris Benge, Chair Ken Miller, Vice Chair John Auffet Guy Liebmann John Carey Bill Nations James Covey Randy Terrill Shane Jett Revenue & Taxation Subcommittee Randy Terrill, Chair Danny Morgan, Vice Chair Dale DeWitt Richard Morrissette Joe Dorman Earl Sears Tad Jones Rules Committee Shane Jett, Chair Bill Nations, Vice Chair James Covey Ryan Kiesel Joe Dorman Greg Piatt Rob Johnson Trebor Worthen Tad Jones Elections & Redistricting Subcommittee Trebor Worthen, Chair Purcy Walker, Vice Chair Dennis Adkins Randy Terrill Ryan McMullen Page i Education Committee Tad Jones, Chair Todd Thomsen, Vice Chair Neil Brannon Sally Kern Ann Coody Ray McCarter Doug Cox Jeannie McDaniel David Dank Eric Proctor Lee Denney Phil Richardson Joe Dorman Jabar Shumate Terry Hyman Dan Sullivan Terry Ingmire Common Education Subcommittee Ann Coody, Chair Neil Brannon, Vice Chair Ed Cannaday Weldon Watson Dale DeWitt Susan Winchester Ray McCarter Higher Education & Career Tech Subcommittee Terry Ingmire, Chair David Derby, Vice Chair Terry Hyman Pam Peterson Charlie Joyner Jabar Shumate Bill Nations Arts & Culture Subcommittee Lee Denney, Chair Ben Sherrer,
    [Show full text]
  • Oklahoma Agencies, Boards, and Commissions
    ABC Oklahoma Agencies, Boards, and Commissions Elected Officers, Cabinet, Legislature, High Courts, and Institutions As of September 10, 2018 Acknowledgements The Oklahoma Department of Libraries, Office of Public Information, acknowledges the assistance of the Law and Legislative Reference staff, the Oklahoma Publications Clearing- house, and staff members of the agencies, boards, commissions, and other entities listed. Susan McVey, Director Connie G. Armstrong, Editor Oklahoma Department of Libraries Office of Public Information William R. Young, Administrator Office of Public Information For information about the ABC publication, please contact: Oklahoma Department of Libraries Office of Public Information 200 NE 18 Street, Oklahoma City, OK 73105–3205 405/522–3383 • 800/522–8116 • FAX 405/525–7804 libraries.ok.gov iii Contents Executive Branch 1 Governor Mary Fallin ............................................3 Oklahoma Elected Officials ......................................4 Governor Fallin’s Cabinet. 14 Legislative Branch 27 Oklahoma State Senate ....................................... 29 Senate Leadership ................................................................ 29 State Senators by District .......................................................... 29 Senators Contact Reference List ................................................... 30 Oklahoma State House of Representatives ..................... 31 House of Representatives Leadership .............................................. 31 State Representatives by District
    [Show full text]
  • ONG VUE, Petitioner
    No. IN THE SUPREME COURT OF THE UNITED STATES ONG VUE, Petitioner V. FRANK X. HENKE, Oklahoma Board of Corrections Member; ERNEST E. HAYNES, Oklahoma Board of Corrections Member; MICHAEL W. ROACH, Oklahoma Board of Corrections Member; DIANNE B. OWENS, Oklahoma Board of Corrections Member; ADAM LUCK, Oklahoma Board of Corrections Member; JOHN HOLDER, Oklahoma Board of Corrections Member; KEVIN J. GROSS, Oklahoma Board of Corrections Member; DELYNN FUDGE, Executive Director, Oklahoma Pardon and Parole Board; THOMAS GILLERT, Chairperson of the Pardon and Parole Board; ROBERT MACY, Pardon and Parole Board Member; C. ALLEN McCALL, Pardon and Parole Board Member; MICHAEL STEELE, Pardon and Parole Board Member; ROBERTA FULLERTON, Pardon and Parole Board Member; MELISSA L. BLANTON, Pardon and Parole Staff Attorney Respondents On 'Petition for Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit PETITION FOR A WRIT OF CERTIORARI Ong Vue DOC#26488 1 Pro se Litigant Dick Conner Correctional Center 129 Conner Road Hominy, Oklahoma 74035 QUESTIONS PRESENTED Whether the Tenth Circuit Court of Appeals ruling that Petitioner Vue "failed to state a claim" is in contrary to the holding of Wilkinson v. Dotson, 544 U.S. 74 (2005), where Petitioner Vue, under 42 U.S.C.A. § 1983, challenges the constitutionality of the Oklahoma state parole procedures on constitutional and statutory grounds. Whether Petitioner Vue's 42 U.S.C.A. § 1983 claim on the crucial distinction between I judicial review of substantive agency decisions and judicial review of the agency's compliance with the substantive requirements of Oklahoma Statutes title 57, § 332.7 (Supp.
    [Show full text]
  • 215227952.Pdf
    THE UNIVERSITY OF OKLAHOMA GRADUATE COLLEGE SELECTED ASPECTS OF THE LEGAL STATUS OF THE STUDENT PERSONNEL ADMINISTRATOR IN THE PUBLIC JUNIOR COLLEGE OF OKLAHOMA A DISSERTATION SUBMITTED TO THE GRADUATE FACULTY in partial fulfillment of the requirements for the degree of DOCTOR OF EDUCATION BY RAYMOND E*"CLEVELAND NORMAN, OKLAHOMA 1967 SELECTED ASPECTS OF THE LEGAL STATUS OF THE STUDENT PERSONNEL ADMINISTRATOR IN THE PUBLIC JUNIOR COLLEGE OF OKLAHOMA APPROVED BY ACKNOWLEDGEMENTS The writer would like to take this opportunity to express his appreciation to the many individuals who rendered assistance in this undertaking. In particular my gratitude ta Dr. Herbert R. Hengst as Major Professor and Committee Chairman for his patient and helpful guidance in the preparation of this report. Also to the other mem­ bers of the committee: Dr. James G. Harlow, Dr. Robert E. Ohm, and Dr. Joseph E. Pray. In addition, a vote of thanks to Dr. Freeman McKee, President of Murray State College and to Joan Kimbrough, Secretary to the Deans, for giving so generously of their time and assistance in this study. And to my wife. Ginger, sons, Mark, John, Greg, and Jeff, and to daughter, Val, to whom this effort is dedicated for their steadfast encouragement and moral support. iii TABLE OF CONTENTS Page ACKNOWI£DGEMENTS ............................... ill Chapter I. INTRODUCTION ................................. 1 The Concept of Discipline, Back­ ground and P u r p o s e ........... ...... 1 Statement of Problem............... 13 Delimitation of the Study......... 14 Definition of Terms................. 15 P r o c e d u r e ......................... 15 S u m m a r y ....................
    [Show full text]