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Court Issue Cosposnored By Volume 90 — No. 24 — 12/28/2019 Court Issue Cosposnored by DestinationCLEs.com LIMITED ROOMS. ACT NOW! 18.5 CLE Hours, incl. 6 Ethics 1520 The Oklahoma Bar Journal Vol. 90 — No. 24 — 12/28/2019 THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Associa- tion. All rights reserved. Copyright© 2019 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 90 – No. 24 – 12/28/2019 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] LUKE ADAMS, Clinton any advertising copy for any reason. Legal articles carried in THE OKLAHOMA CAROL A. MANNING, Editor AARON BUNDY, Tulsa BAR JOURNAL are selected by the Board of [email protected] Editors. Information about submissions can CASSANDRA L. COATS, 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, Director of Administration; Susan Damron, LAURA WOLF C. SCOTT JONES, Director of Educational Programs; Beverly Petry Communications Specialist Oklahoma City Lewis, Administrator MCLE Commission; Carol [email protected] SHANNON L. PRESCOTT A. Manning, Director of Communications; Rob- Okmulgee bin Watson, Director of Information Technology; Loraine Dillinder Farabow, Peter Haddock, LESLIE TAYLOR, Ada Tracy Pierce Nester, Katherine Ogden, Steve Sullins, Assistant General Counsels OFFICERS & Les Arnold, Julie A. Bays, Gary Berger, Debbie Brink, Melody Claridge, Cheryl Corey, BOARD OF GOVERNORS Ben Douglas, Dieadra Florence, Johnny CHARLES W. CHESNUT, President, Miami; Marie Floyd, Matt Gayle, Suzi Hendrix, Debra Jenkins, Rhonda Langley, Jamie Lane, LANE R. NEAL, Vice President, Oklahoma City; SUSAN B. SHIELDS, Durrel Lattimore, Edward Maguire, Renee President-Elect, Oklahoma City; KIMBERLY HAYS, Immediate Past Montgomery, Whitney Mosby, Tracy Sanders, President, Tulsa; MATTHEW C. BEESE, Muskogee; TIM E. DECLERCK, Mackenzie Scheer, Mark Schneidewent, Laura Enid; MARK E. FIELDS, McAlester; BRIAN T. HERMANSON, Ponca Stone, Krystal Willis, Laura Willis, Laura Wolf City; JAMES R. HICKS, Tulsa; ANDREW E. HUTTER, Norman; DAVID & Roberta Yarbrough T. MCKENZIE, Oklahoma City; BRIAN K. MORTON, Oklahoma City; Oklahoma Bar Association 405-416-7000 JIMMY D. OLIVER, Stillwater; MILES T. PRINGLE, Oklahoma City; Toll Free 800-522-8065 BRYON J. WILL, Yukon; D. KENYON WILLIAMS JR., Tulsa; BRANDI FAX 405-416-7001 NOWAKOWSKI, Shawnee, Chairperson, OBA Young Lawyers Division Continuing Legal Education 405-416-7029 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. 90 — No. 24 — 12/28/2019 The Oklahoma Bar Journal 1521 INVITATION Oklahoma Bar Association TAX LAW SECTION Seven Good Reasons to Join The OBA Tax Law Section is planning for 2020 and invites OBA members who practice in taxation, business, employment, estate planning and probate, real property, oil and gas, litigation, and other fields to join the Section. The Tax Section is sending this invitation to all OBA members because it believes they can benefit from being a Tax Section member in many ways, including: 1. Cost effective and very practical CLE. 2. The opportunity for attorneys who do not specialize in tax law to connect with those who do so on a daily basis. 3. Learn how recent federal and state income tax law changes might benefit your practice and you individually. 4. Get up to date on the U. S. Supreme Court decisions in the landmark Wayfair case on state sales tax implications for businesses in Oklahoma and other states; and the Kaestner case on state income taxation of trusts and trust beneficiaries. 5. For attorneys who practice often or full time in taxation, an opportunity to become acquainted with and share knowledge and ideas with even more tax attorneys and professionals. 6. A source for learning more about proposed legislation that may change Oklahoma and federal tax law and affect your clients and practice. 7. Help others via Pro bono opportunities with the U.S. Tax Court calendar calls in Oklahoma. For how to join the OBA Tax Section and more information contact W. Todd Holman, 2020 OBA Tax Section Chairman at 918-599-7755, [email protected]. 1522 The Oklahoma Bar Journal Vol. 90 — No. 24 — 12/28/2019 OKLAHOMA BAR ASSOCIATION table of contents Dec. 28, 2019 • Vol. 90 • No. 24 page 1524 Index to Court Opinions 1525 Opinions of Supreme Court 1557 Calendar of Events 1558 Opinions of Court of Criminal Appeals 1563 Opinions of Court of Civil Appeals 1588 Disposition of Cases Other Than by Publication Vol. 90 — No. 24 — 12/28/2019 The Oklahoma Bar Journal 1523 Index to Opinions of Supreme Court 2019 OK 72 IN RE: Oklahoma Rules of Professional Conduct (Rule 5.5) SCBD-3490 .................. 1525 2019 OK 73 IN RE: Rules Creating and Controlling the Oklahoma Bar Association (Article II, Sec. 5) SCBD 4483 ......................................................................................................................... 1526 2019 OK 79 IN RE: Rules of the Supreme Court of the State of Oklahoma on Licensed Legal Internship (5 O.S. ch. 1 app. 6) SCBD No. 2109 ................................................................. 1531 2019 OK 80 RYAN WILLIAMS, individually, and as Personal Representative of the Estate of Lorri Williams Plaintiff/Appellant, v. MEEKER NORTH DAWSON NURSING, LLC, d/b/a Meeker Nursing Center, Defendant/Appellee. No. 115,360 ................................ 1533 2019 OK 81 STATE OF OKLAHOMA, ex rel. OKLAHOMA BAR ASSOCIATION, Com- plainant, v. JACKIE DALE ELSEY, Respondent. SCBD 6553 ..................................................... 1540 2019 OK 82 RE: Disposition of Surplus Property, Rules for Management of the Court Fund, 20 O.S., Chap 18, App 1, Rule 10 No. SCAD-2019-97 ...................................................... 1544 2019 OK 83 VIDEO GAMING TECHNOLOGIES, INC., Plaintiff/Appellant, v. ROGERS COUNTY BOARD OF TAX ROLL CORRECTIONS, a Political Subdivision; CATHY PINKERTON BAKER, ROGERS COUNTY TREASURER, in Her Official Capacity; and SCOTT MARSH, ROGERS COUNTY ASSESSOR, in HIS Official Capacity, Defendants/Appellees. Case No. 117,491 ..................................................................................... 1545 2019 OK 84 VIDEO GAMING TECHNOLOGIES, INC., Appellant, v. TULSA COUNTY BOARD OF TAX ROLL CORRECTIONS, a Political Subdivision; DENNIS SEMLER, Tulsa County Treasurer, in His Official Capacity; and JOHN A. WRIGHT, Tulsa County Assessor, in His Official Capacity, Appellees. Case No. 118,241 ................................. 1553 Index to Opinions of Court of Criminal Appeals 2019 OK CR 28 IN RE ADOPTION OF THE 2019 REVISIONS TO THE OKLAHOMA UNIFORM JURY INSTRUCTIONS –CRIMINAL (2D) Case No. CCAD-2019-1 ..................... 1558 2019 OK CR 30 ANDREW JOSEPH REVILLA, Appellant, vs. THE STATE OF OKLA- HOMA, Appellee No. F-2018-929 ................................................................................................... 1559 Index to Opinions of Court of Civil Appeals COCA-ADM-2019-1 IN THE COURT OF CIVIL APPEALS OF THE STATE OF OKLA- HOM OKLAHOMA CITY AND TULSA DIVISIONS JUDICIAL DIVISION ASSIGN- MENTS and ELECTION OF PRESIDING JUDGES ..................................................................... 1563 COCA-ADM-2019-2 IN THE COURT OF CIVIL APPEALS OF THE STATE OF OKLA- HOMA OKLAHOMA CITY AND TULSA DIVISIONS .............................................................. 1563 2019 OK CIV APP 76 STATE OF OKLAHOMA ex rel. OKLAHOMA STATE BOARD OF BEHAVIORAL HEALTH LICENSURE, Petitioner/Appellee, vs. VANITA MAT THEWS-GLOVER, LPC, Respondent/Appellant. Case No. 116,081 ........................................ 1563 2019 OK CIV APP 77 FOUNTAIN VIEW MANOR, INC., an Oklahoma Corporation, Plain tiff/Appellant, vs. HOWARD SHEWARD, Jr., Defendant/Appellee. Case No. 116,693 ....... 1577 2019 OK CIV APP 78 IN THE MATTER OF Z.M.Z. and Z.C.Z., Deprived Children. STATE OF OKLAHOMA, Petitioner/Appellee, vs. JOSHUA ZUEHL, Respondent/Appel- lant Case No. 117,046 ........................................................................................................................ 1581 1524 The Oklahoma Bar Journal Vol. 90 — No. 24 — 12/28/2019 Opinions of Supreme Court Manner and Form of Opinions in the Appellate Courts; See
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