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Court Issue TOPGOLF Ethics with Travis Pickens Volume 89 — No. 12 — 4/28/2018 Court Issue TOPGOLF Ethics with Travis Pickens THURSDAY, MAY 3, 5:30 - 8:20 p.m. 2/2 TOPGOLF, 13313 Pawnee Dr., OKC REGISTRATION includes - 2 hours of ethics CLE - 2 hours of unlimited TopGolf play - A LIFETIME TOPGOLF MEMBERSHIP - Game demonstration and dedicated event ambassador - Fajita Fiesta Buffet: Steak and chicken fajitas with peppers, cilantro savory rice, chipotle braised black beans, chips & salsa, tortillas (gluten-friendly upon request), pico de gallo, cheese & sour cream, chocolate chip cookie bites. - Bottomless Soda, Iced Tea, Coffee and Water - Cash bar - Discounts not available and NO WALK-INS $125 for early-bird registrations with payment received by April 26th; $150 for registrations with payment received after April 26th and before May 3, 2018. For details and to register go to: www.okbar.org/members/CLE Stay up-to-date and follow us on 562 The Oklahoma Bar Journal Vol. 89 — No. 12 — 4/28/2018 THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Associa- tion. All rights reserved. Copyright© 2018 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 89 – No. 12 – 4/28/2018 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 JOHN MORRIS WILLIAMS MELISSA DELACERDA implied by publication. Advertisers are solely 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 CLAYTON BAKER, Vinita Legal articles carried in THE OKLAHOMA [email protected] BAR JOURNAL are selected by the Board of AARON BUNDY, Tulsa Editors. Information about submissions can MACKENZIE SCHEER PATRICIA A. FLANAGAN be found at www.okbar.org. Advertising Manager Yukon [email protected] BAR CENTER StaFF AMANDA GRANT, Spiro LACEY PLAUDIS John Morris Williams, Executive Director; Gina Communications Specialist C. SCOTT JONES, L. Hendryx, General Counsel; Joe Balkenbush, Oklahoma City Ethics Counsel; Jim Calloway, Director of Man- [email protected] agement Assistance Program; Craig D. Combs, ERIN MEANS, Moore LAURA STONE Director of Administration; Susan Damron, Communications Specialist SHANNON L. PRESCOTT Director of Educational Programs; Beverly Petry Lewis, Administrator MCLE Commission; Carol [email protected] Okmulgee A. Manning, Director of Communications; Rob- LESLIE TAYLOR, Ada bin Watson, Director of Information Technology; Loraine Dillinder Farabow, Peter Haddock, Tracy Nester, Katherine Ogden, Steve Sullins, Assistant General Counsels OFFICERS & BOARD OF GOVERNORS Les Arnold, Gary Berger, Debbie Brink, Melody Claridge, Cheryl Corey, Nickie Day, KIMBERLY HAYS, President, Tulsa; Ben Douglas, Dieadra Florence, Johnny RICHARD STEVENS, Vice President, Norman; CHARLES Marie Floyd, Matt Gayle, Suzi Hendrix, W. CHESNUT, President-Elect, Miami; LINDA S. THOMAS, Darla Jackson, Debra Jenkins, Rhonda Langley, Jamie Lane, Durrel Lattimore, Renee Immediate Past President, Bartlesville; MATTHEW C. BEESE, Montgomery, Whitney Mosby, Lacey Plaudis, Muskogee; JOHN W. COYLE III, Oklahoma City; MARK E. Tracy Sanders, Mackenzie Scheer, Mark FIELDS, McAlester; KALEB K. HENNIGH, Enid; BRIAN T. Schneidewent, Laura Stone, Margaret Travis, HERMANSON, Ponca City; JAMES R. HICKS, Tulsa; ALISSA Krystal Willis, Laura Willis, Jennifer Wynne HUTTER, Norman; JAMES L. KEE, Duncan; BRIAN K. MOR- & Roberta Yarbrough TON, Oklahoma City; JIMMY D. OLIVER, Stillwater; BRYON J. Oklahoma Bar Association 405-416-7000 WILL, Yukon; D. KENYON WILLIAMS JR., Tulsa; NATHAN D. Toll Free 800-522-8065 RICHTER, Mustang, Chairperson, OBA Young Lawyers Division FAX 405-416-7001 Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal (ISSN 0030-1655) is published three Ethics Counsel 405-416-7055 times a month in January, February, March, April, May, August, General Counsel 405-416-7007 September, October November and December and bimonthly in Lawyers Helping Lawyers 800-364-7886 June and July by the Oklahoma Bar Association, 1901 N. Lincoln Mgmt. Assistance Program 405-416-7008 Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage Mandatory CLE 405-416-7009 paid at St. Joseph, Michigan. Board of Bar Examiners 405-416-7075 Subscriptions $60 per year except for law students registered with Oklahoma Bar Foundation 405-416-7070 the OBA and senior members who may subscribe for $30; all active members included in dues. Single copies: $3 Postmaster Send address changes to the Oklahoma Bar Association, www.okbar.org P.O. Box 53036, Oklahoma City, OK 73152-3036. Vol. 89 — No. 12 — 4/28/2018 The Oklahoma Bar Journal 563 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 564 The Oklahoma Bar Journal Vol. 89 — No. 12 — 4/28/2018 OKLAHOMA BAR ASSOCIATION table of contents April 28, 2018 • Vol. 89 • No. 12 page 566 Index to Court Opinions 568 Opinions of Supreme Court 589 Sovereignty Symposium Agenda 594 Opinions of Court of Criminal Appeals 598 Calendar of Events 599 Opinions of Court of Civil Appeals 635 Disposition of Cases Other Than by Publication Vol. 89 — No. 12 — 4/28/2018 The Oklahoma Bar Journal 565 Index to Opinions of Supreme Court 2018 OK 28 IN THE MATTER OF THE REINSTATEMENT OF CHARLENE L. BOONE TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION SCBD-6534........................... 568 2018 OK 29 RE: Suspension of Credentials of Registered Courtroom Interpreters SCAD- 2018-21 .................................................................................................................................................. 568 2018 OK 30 IN RE: AMENDMENT TO THE OKLAHOMA SUPREME COURT RULE, 1.4 S.C.A.D. No. 2018-24 .......................................................................................................................... 569 2018 OK 31 IN THE MATTER OF THE APPLICATION OF OKLAHOMA GAS AND ELECTRIC COMPANY FOR COMMISSION APPROVAL OF THE COMPANY’S PLAN TO INSTALL DRY SCRUBBERS AT THE SOONER GENERATING FACILITY: SIERRA CLUB INC. and OKLAHOMA ENERGY RESULTS LLC., Appellants, v. THE CORPORATION COMMISSION OF THE STATE OF OKLAHOMA and OKLAHO- MA GAS & ELECTRIC COMPANY, Appellees. No. 115,029; w/115,030................................... 571 2018 OK 32 TARACORP, LTD., TARA BARLEAN, and KELLY BARLEAN, Plaintiffs/ Appellants, v. JEFF DAILEY and A.J.’s Bargain World, d/b/a BARGAIN WORLD, Defendants/Appellees. No. 115,383 ................................................................................................. 578 2018 OK 33 JOHN HOPSON, Plaintiff/Appellant, v. EXTERRAN ENERGY SOLUTIONS, LP, A Foreign Limited Partnership, Defendant/Appellee. No. 113,563 ..................................... 583 2018 OK 34 INDEPENDENT SCHOOL DISTRICT NO. 54 of LINCOLN COUNTY, OKLAHOMA a/k/a STROUD PUBLIC SCHOOLS, Plaintiff/Appellant, v. INDE- PENDENT SCHOOL DISTRICT NO. 67 of PAYNE COUNTY, OKLAHOMA a/k/a CUSHING PUBLIC SCHOOLS; INDEPENDENT SCHOOL DISTRICT NO. 4 of LIN- COLN COUNTY, OKLAHOMA, a/k/a WELLSTON PUBLIC SCHOOLS, Defen- dants/Appellees, and KATHY SHERMAN, in her capacity as LINCOLN COUNTY TREASURER, Defendant. No. 115,550 ............................................................................................. 584 Index to Opinions of Court of Criminal Appeals 2018 OK CR 9 AUSTIN LEE KIRKWOOD, SR., Appellant, v. STATE OF OKLAHOMA, Appellee. No. F-2016-481 ................................................................................................................... 594 Index to Opinions of Court of Civil Appeals 2018 OK CIV APP 26 ASSET ACCEPTANCE LLC, Plaintiff/Appellee, vs. HUNG T. PHAM and HOA V. TO, Defendants/Appellants. Case No. 113,823 ......................................... 599 JOAN ELLEN MOREHEAD, individually and as Personal Representative of the Estate of Henry Andrew Morehead, deceased, and on behalf of all others similarly situated; BETTY RUTH LOVE, individually and as successor in interest to the Estate of Claud H. Love, deceased; and RUTH MAYNARD as Guardian of George O. Taylor, Plain- tiffs/Appellees, vs. STATE OF OKLAHOMA, ex rel. OKLAHOMA HEALTH CARE AUTHORITY, Defendant/Third-Party Plaintiff/Appellant, and R. KENNETH KING, ESQ., an individual; SOUTHWEST PROPERTY INVESTMENTS, LLC, an Oklahoma Limited Liability Company; BLUE HORIZON PROPERTIES, LLC, an Oklahoma Limited Liability Company; SOUTHWEST PROPERTY HOLDINGS #1, LLC, an 566 The Oklahoma Bar Journal Vol. 89 — No. 12 — 4/28/2018 Oklahoma Limited Liability Company; SOUTHWEST PROPERTY HOLDINGS #2, LLC, an Oklahoma Limited Liability Company; SOUTHWEST PROPERTY HOLD- INGS #3, LLC, an Oklahoma Limited Liability Company; SOUTHWEST PROPERTY HOLDINGS #4, LLC, an Oklahoma Limited Liability Company; SOUTHWEST PROPERTY HOLDINGS #5, LLC, an Oklahoma Limited Liability Company; SOUTH- WEST PROPERTY HOLDINGS #6, LLC, an Oklahoma Limited Liability Company; SOUTHWEST PROPERTY HOLDINGS #7, LLC, an Oklahoma Limited Liability Company; XYZ CORP. 1; XYZ CORP. 2; XYZ CORP. 3; XYZ CORP. 4; XYZ CORP. 5; XYZ CORP. 6; JOHN DOE 1; JOHN DOE 2; JANE DOE 1; JANE DOE 2, Defendants, STATE OF OKLAHOMA, ex rel. OKLAHOMA DEPARTMENT OF HUMAN SER- VICES, Third-Party Defendant. Case No. 115,711 .........................................................................
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