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Court Issue 708 the Oklahoma Bar Journal Vol Volume 90 — No. 12 — 6/22/2019 Court Issue 708 The Oklahoma Bar Journal Vol. 90 — No. 12 — 6/22/2019 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. 12 – 6/22/2019 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] any advertising copy for any reason. LUKE ADAMS, Clinton Legal articles carried in THE OKLAHOMA BAR JOURNAL are selected by the Board of CAROL A. MANNING, Editor AARON BUNDY, Tulsa Editors. Information about submissions can [email protected] be found at www.okbar.org. PATRICIA A. FLANAGAN MACKENZIE SCHEER Yukon BAR CENTER StaFF Advertising Manager AMANDA GRANT, Spiro John Morris Williams, Executive Director; Gina [email protected] L. Hendryx, General Counsel; Joe Balkenbush, VIRGINIA D. HENSON, Norman Ethics Counsel; Jim Calloway, Director of Man- LAURA STONE agement Assistance Program; Craig D. Combs, C. SCOTT JONES, Communications Specialist Director of Administration; Susan Damron, Oklahoma City Director of Educational Programs; Beverly Petry [email protected] Lewis, Administrator MCLE Commission; Carol 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, Renee Montgomery, President-Elect, Oklahoma City; KIMBERLY HAYS, Immediate Past Whitney Mosby, Tracy Sanders, Mackenzie President, Tulsa; MATTHEW C. BEESE, Muskogee; TIM E. DECLERCK, Scheer, Mark Schneidewent, Laura Stone, Enid; MARK E. FIELDS, McAlester; BRIAN T. HERMANSON, Ponca Margaret Travis, Krystal Willis, Laura Willis, 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. 12 — 6/22/2019 The Oklahoma Bar Journal 709 710 The Oklahoma Bar Journal Vol. 90 — No. 12 — 6/22/2019 OKLAHOMA BAR ASSOCIATION table of contents June 22, 2019 • Vol. 90 • No. 12 page 712 Index to Court Opinions 713 Opinions of Supreme Court 752 In Memoriam 754 Opinions of Court of Criminal Appeals 764 Calendar of Events 765 Opinions of Court of Civil Appeals 771 Disposition of Cases Other Than by Publication Vol. 90 — No. 12 — 6/22/2019 The Oklahoma Bar Journal 711 Index to Opinions of Supreme Court 2019 OK 38 In re: Creation of Rule 1.18 of the Oklahoma Supreme Court Rules Concern- ing Prisoner Filings SCAD-2019-51 .................................................................................................. 713 2019 OK 39 AMANDA COLE, Plaintiff/Appellant, v. SAMANTHA JOSEY, Defendant/ Appellee. No. 116,600 ......................................................................................................................... 713 2019 OK 40 IN THE MATTER OF THE SUSPENSION OF MEMBERS OF THE OKLA- HOMA BAR ASSOCIATION FOR NONPAYMENT OF 2019 DUES SCBD No. 6799 ............. 718 2019 OK 41 IN THE MATTER OF THE SUSPENSION OF MEMBERS OF THE OKLAHOMA BAR ASSOCIATION FOR NONCOMPLIANCE WITH MANDATORY CONTINUING LEGAL EDUCATION REQUIREMENTS FOR THE YEAR 2018 SCBD No. 6800 .................... 720 2019 OK 42 STATE ex rel. OKLAHOMA BAR ASSOCIATION, Complainant, v. LON JACKSON DARLEY III, Respondent SCBD # 6802 ....................................................................... 721 2019 OK 43 IN THE MATTER OF THE STRIKING OF NAMES OF MEMBERS OF THE OKLAHOMA BAR ASSOCIATION FOR NONPAYMENT OF 2018 DUES SCBD No. 6659 ........................................................................................................................................................ 723 2019 OK 44 IN THE MATTER OF THE STRIKING OF NAMES OF MEMBERS OF THE OKLAHOMA BAR ASSOCIATION FOR NONCOMPLIANCE WITH MANDATORY CONTINUING LEGAL EDUCATION REQUIREMENTS FOR THE YEAR 2017 SCBD No. 6660 ................................................................................................................................................ 724 2019 OK 45 CRYSTAL WELLS, individually and as Administrator of the ESTATE OF ROBERT YOUNG, Deceased, Plaintiff/Appellant, v. OKLAHOMA ROOFING & SHEET METAL, L.L.C., and OKLAHOMA ROOFING & SHEET METAL, INC., Defendants/Appellees. No. 112,844 ................................................................................................. 725 2019 OK 46 CINDY ESQUEDA VELASCO, Petitioner/Appellee, v. JAIRO VARGAS RUIZ, Respondent/Appellant. Case No. 117,706 .......................................................................... 740 2019 OK 47 STATE OF OKLAHOMA, ex rel. OKLAHOMA BAR ASSOCIATION, Com- plainant v. SHAD K. WITHERS, Respondent. SCBD No. 6480 ................................................... 743 Index to Opinions of Court of Criminal Appeals 2019 OK CR 12 ALEX MOORE, Appellant, v. STATE OF OKLAHOMA, Appellee. No. F-2017-710 ............................................................................................................................................. 754 2019 OK CR 13 JEREMY DWAYNE LAVORCHEK, Appellant, vs. THE STATE OF OKLA- HOMA, Appellee. No. F-2018-263 .................................................................................................... 760 Index to Opinions of Court of Civil Appeals 2019 OK CIV APP 29 MARY F. SMITH, Petitioner/Appellant, vs. WAYNE A. SMITH, Respondent/Appellee. Case No. 116,414 ........................................................................................ 765 2019 OK CIV APP 30 IN RE THE MATTER OF E.M., Deprived Child: LACIE ROBISON, Appellant, vs. STATE OF OKLAHOMA, Appellee. Case No. 117,565 ....................................... 767 712 The Oklahoma Bar Journal Vol. 90 — No. 12 — 6/22/2019 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) 2019 OK 38 mine if that prisoner already appears three or more times on the Registry. In re: Creation of Rule 1.18 of the Oklahoma Supreme Court Rules Concerning When a prisoner who appears three or more Prisoner Filings times on the Registry of Frivolous or Malicious Appeals initiates an original action or an appeal SCAD-2019-51. May 20, 2019 filed with the Supreme Court without prepay- ORDER ment of all fees required by law, the Clerk shall file and docket the original action or appeal Rule 1.18 of the Oklahoma Supreme Court and forward the filings to the Chief Justice for Rules, as shown on the attached Exhibit “A”, is review. hereby created, effective immediately. The Supreme Court will direct the prisoner DONE BY ORDER OF THE SUPREME to show cause why the matter should be al- COURT IN CONFERENCE this 20th day of lowed to proceed without prepayment of all May, 2019. fees as required by law. 57 O.S. § 566.2(A). If /s/ Richard Darby the prisoner fails to show adequate cause, the VICE CHIEF JUSTICE matter shall be summarily dismissed by order of the Chief Justice. Gurich, C.J., Darby, V.C.J., Kauger, Winchester, Edmondson, Colbert and Combs, JJ., concur. 2019 OK 39 Exhibit “A” AMANDA COLE, Plaintiff/Appellant, v. SAMANTHA JOSEY, Defendant/Appellee. RULE 1.18 - PRISONER FILINGS, FRIVOLOUS OR MALICIOUS APPEALS No. 116,600. May 29, 2019 AND ORIGINAL ACTIONS ON CERTIORARI TO THE OKLAHOMA A prisoner who has, on three or more prior COURT OF CIVIL APPEALS DIVISION II occasions, while incarcerated or detained in any facility, or while on probation or parole, ¶0 The plaintiff, Amanda Cole, was injured brought an action or appeal in a court of this in an automobile accident and sued the defen- state or a court of the United States that has dant, Samantha Josey. Plaintiff failed to serve been dismissed on the grounds that the case process
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