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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
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