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Court Issue Cosponsored by Oklahoma City National Memorial & Museum FRIDAY, SEPT Volume 91 — No. 15 — 8/7/2020 Court Issue Cosponsored by Oklahoma City National Memorial & Museum FRIDAY, SEPT. 18, 2020 8:55 a.m. - 4:30 p.m. Cox Convention Center Ballrooms A & B One South Oklahoma Ave., OKC MCLE 7/0 THE CRIME, THE TRIAL, THE RESPONSE program planners: Stephen Beam, Melissa DeLacerda Topics and Speakers include: • The Crime: Jon Hersley and Larry Tongate, Retired FBI • The Evidence: Bob Burke, Attorney, Author, Historian • The Trial Proceedings: Brian Hermanson, District Attorney, District #8, Kay & Noble Counties, Defense attorney for Terry Nichols. • The Trial Reflections: The Honorable Steven W. Taylor, Oklahoma Supreme Court Justice (Ret.) Presided over the Nichols’ trial. • A Unique Moment in History: Charlie Hanger, Sheriff, Noble County, Made historic traffic stop and arrest of Timothy McVeigh. • The Response: A panel discussion featuring: Moderators: Bob Burke and Justice Steven W. Taylor Panel: Frank Keating, former Governor of the State of Oklahoma David Page, survivor, Special Projects Editor, Journal Record moderator: M. Courtney Briggs, Derrick and Briggs, Oklahoma City Bob Burke, Chief Gary Marrs, former Oklahoma City Fire Chief and incident commander Attorney, Author and Historian • The Memorial: Kari Watkins, Executive Director, Oklahoma City National Memorial & Museum Stay up-to-date and follow us on OKLAHOMA CITY NATIONAL MEMORIAL MUSEUM TOUR FOLLOWING THE SEMINAR register go to www.okbar.org/cle 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. 15 – Aug. 7, 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 implied by publication. Advertisers are solely JOHN MORRIS WILLIAMS MELISSA DELACERDA responsible for the content of their ads, and Editor-in-Chief Stillwater, Chair the OBA reserves the right to edit or reject [email protected] any advertising copy for any reason. LUKE ADAMS, Clinton Legal articles carried in THE OKLAHOMA CAROL A. MANNING, Editor AARON BUNDY, Tulsa BAR JOURNAL are selected by the Board of Editors. Information about submissions can [email protected] CASSANDRA L. COATS, be found at www.okbar.org. Vinita LAUREN RIMMER PATRICIA A. FLANAGAN BAR CENTER StaFF Advertising Manager Yukon John Morris Williams, Executive Director; Gina [email protected] L. Hendryx, General Counsel; Jim Calloway, AMANDA GRANT, Spiro Director of Management Assistance Program; LAURA WOLF VIRGINIA D. HENSON, Norman Craig D. Combs, Director of Administration; Communications Specialist Janet K. Johnson, Director of Educational [email protected] C. SCOTT JONES, Programs; Beverly Petry Lewis, Administrator Oklahoma City MCLE Commission; Carol A. Manning, Director of Communications; Dawn Shelton, ROY TUCKER Director of Strategic Communications and Muskogee Marketing; Richard Stevens, Ethics Counsel; Robbin Watson, Director of Information Technology; Loraine Dillinder Farabow, Peter Haddock, Tracy Pierce Nester, OFFICERS & Katherine Ogden, Steve Sullins, Assistant BOARD OF GOVERNORS General Counsels; SUSAN B. SHIELDS, President, Oklahoma City; Les Arnold, Julie A. Bays, Gary Berger, BRANDI N. NOWAKOWSKI, Vice President, Shawnee; MICHAEL C. Debbie Brink, Melody Claridge, Cheryl Corey, Ben Douglas, Dieadra Florence, Johnny MORDY, President-Elect, Ardmore; CHARLES W. CHESNUT, Marie Floyd, Matt Gayle, Suzi Hendrix, Immediate Past President, Miami; MATTHEW C. BEESE, Muskogee; Debra Jenkins, Rhonda Langley, Jamie Lane, MICHAEL J. DAVIS, Durant; TIM E. DECLERCK, Enid; JOSHUA A. Durrel Lattimore, Edward Maguire, EDWARDS, Ada; AMBER PECKIO GARRETT, Tulsa; BRIAN T. Renee Montgomery, Whitney Mosby, HERMANSON, Ponca City; ANDREW E. HUTTER, Norman; DAVID T. Lauren Rimmer, Tracy Sanders, Mark MCKENZIE, Oklahoma City; BRIAN K. MORTON, Oklahoma City; Schneidewent, Kurt Stoner, Krystal Willis, Laura Willis, Laura Wolf & Roberta Yarbrough MILES T. PRINGLE, Oklahoma City; ROBIN L. ROCHELLE, Lawton; D. KENYON WILLIAMS JR., Tulsa; JORDAN L. HAYGOOD, Chair- Oklahoma Bar Association 405-416-7000 person, OBA Young Lawyers Division, Shawnee Toll Free 800-522-8065 FAX 405-416-7001 Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal Court Issue is published twice Ethics Counsel 405-416-7055 monthly and delivered electronically by the Oklahoma Bar General Counsel 405-416-7007 Association, 1901 N. Lincoln Boulevard, Oklahoma City, Lawyers Helping Lawyers 800-364-7886 Mgmt. Assistance Program 405-416-7008 Oklahoma 73105. Mandatory CLE 405-416-7009 Subscriptions $60 per year that includes the Oklahoma Bar Board of Bar Examiners 405-416-7075 Journal magazine published monthly, except June and July. Oklahoma Bar Foundation 405-416-7070 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. 15 — 8/7/2020 The Oklahoma Bar Journal 925 CONQUER YOUR M O U NTAI N BURNOUT DEPRESSION ANXIETY SUBSTANCE ABUSE RELATIONSHIP CHALLENGES LAWYERS HELPING LAWYERS ASSISTANCE PROGRAM FREE 24-HOUR CONFIDENTIAL ASSISTAN CE 800.364.7886 WWW.OKBAR.ORG/LHL OKLAHOMA BAR ASSOCIATION table of contents Aug. 7, 2020 • Vol. 91 • No. 15 page 928 Index to Court Opinions 929 Opinions of Supreme Court 933 Opinions of Court of Criminal Appeals 936 Opinions of Court of Civil Appeals LAWYERS HELPING LAWYERS ASSISTANCE PROGRAM 954 Disposition of Cases Other Than by Publication FREE 24-HOUR CONFIDENTIAL ASSISTAN CE 800.364.7886 Vol. 91 — No. 15 — 8/7/2020 The Oklahoma Bar Journal 927 WWW.OKBAR.ORG/LHL Index to Opinions of Supreme Court 2020 OK 64 THE HONORABLE GREG TREAT, SENATE PRESIDENT PRO TEMPORE, in his official capacity, and THE HONORABLE CHARLES MCCALL, SPEAKER OF THE HOUSE, in his official capacity, Petitioners, v. THE HONORABLE J. KEVIN STITT, GOVERNOR OF THE STATE OF OKLAHOMA, in his official capacity, Respondent. No. 118,829 .................................................................................................................... 929 2020 OK 65 RYAN KIESEL and MICHELLE TILLEY, PROPONENTS STATE QUESTION NO. 807, Petitioners, v. THE HONORABLE SECRETARY OF STATE MICHAEL ROG- ERS, IN HIS OFFICIAL CAPACITY, Respondents. No. 118,919 .................................................. 930 Index to Opinions of Court of Criminal Appeals 2020 OK CR 15 THE STATE OF OKLAHOMA, Appellant, vs. JULIO HUMBERTO CARDENAS-MORENO, Appellee. No. S-2019-797 ....................................................................... 933 Index to Opinions of Court of Civil Appeals 2020 OK CIV APP 31 IN THE MATTER OF THE ESTATE OF DANIEL BENJAMIN HYER, Deceased: SARA BETH HYER, Appellant, vs. BENJAMIN HYER, Appellee. Case No. 118,080 ................................................................................................................................................... 936 2020 OK CIV APP 40 TRACY A. PEUPLIE, Appellant/Plaintiff, vs. OAKWOOD RETIRE- MENT VILLAGE, INC., d/b/a GOLDEN OAKS NURSING HOME, Appellee/ Defendant. Case No. 117,019 ............................................................................................................. 936 2020 OK CIV APP 41 KIRT THACKER, Plaintiff/Appellant, vs. RANDY COWLING, BAILEY DABNEY, SALESHA WILKEN, NEWSPAPER HOLDINGS, INC. (d/b/a) The Claremore Daily Progress, COMMUNITY NEWSPAPER HOLDINGS, INC. (d/b/a The Claremore Daily Progress), Defendants/Appellees. Case No. 117,479 ................ 939 2020 OK CIV APP 42 ALLAN WAYNE McLAURIN, Petitioner/Appellant, vs. OKLA- HOMA DEPARTMENT OF CORRECTIONS, Respondent/Appellee. Case No. 118,004 ................................................................................................................................................... 948 Great support. Great price. Great software. Drake Tax proves that award-winning software and customer support don’t have to break the bank. ® My overall experience with Drake Tax is amazing and I Professional Tax Solutions | Since 1977 recommend it highly! Toll-Free 800.890.9500 or 800.382.0787 if outside AR, OK, MO & KS JAMES, VALUED DRAKE Free Demo DrakeSoftwareSales.com SOFTWARE CUSTOMER 928 The Oklahoma Bar Journal Vol. 91 — No. 15 — 8/7/2020 Opinions of Supreme Court Manner and Form of Opinions in the Appellate Courts; See Rule 1.200, Rules — Okla. Sup. Ct. R., 12 O.S. Supp. 1996 (1997 T. 12 Special Supplement) 2020 OK 64 tion, only to the extent they are consistent with the Indian Gaming Regulatory Act THE HONORABLE GREG TREAT, SENATE (IGRA). 25 U.S.C. § 2710(d)(8)(C). The Court PRESIDENT PRO TEMPORE, in his official acknowledges that the Comanche Nation and capacity, and THE HONORABLE CHARLES Otoe-Missouria Tribes are not parties in this MCCALL, SPEAKER OF THE HOUSE, in matter; these tribes are sovereign nations and his official capacity, Petitioners, v. THE have not submitted to the jurisdiction of this HONORABLE J. KEVIN STITT, Court. GOVERNOR OF THE STATE OF OKLAHOMA, in his official capacity, ¶3 The limited question before this Court is Respondent. whether Governor Stitt had the authority to bind the State with respect to the new tribal No. 118,829. July 21, 2020 gaming compacts with the Comanche Nation As Corrected July 22, 2020 and Otoe-Missouria Tribes. We hold he did not. MEMORANDUM OPINION ¶4 This question implicates the
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