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Court Issue THURSDAY & FRIDAY, Texas Credit DECEMBER 3 & 4, 2020 Approved 10 A.M Volume 91 — No. 22 — 11/20/2020 Court Issue THURSDAY & FRIDAY, texas credit DECEMBER 3 & 4, 2020 approved 10 a.m. - 2:50 p.m. 35TH ANNUAL ADVANCED Only BANKRUPTCY SEMINAR DAY ONE: Update Regarding Subchapter V, the Small Business Reorganization Act Mark A. Craige, Crowe & Dunlevy, Tulsa The Dark Side of Business Bankruptcy: Practice Pointers for Restructuring Professionals Salene Mazur Kraemer, Bernstein-Burkley, P.C. MCLE 4/0 DAY ONE Survey of Recent Oil and Gas Industry Developments Chuck Carroll, FTI Consulting, Inc., Dallas, TX MCLE 4/1 DAY TWO Survey of Recent Oil and Gas Bankruptcy Litigation in Oklahoma, Texas and Colorado Eric M. Van Horn, Spencer Fran LLP, Dallas, TX DAY TWO: Sid & Sam Show Sidney Swinson, Gable Gotwals, Tulsa Sam G. Bratton II, Doerner Saunders Daniel & Anderson, LLP, Tulsa Program Planner/ Shelley's Frankenstein and Bankruptcy Tax: A Study in Monsters Moderator: Professor Jack F. Williams, Georgia State University, Atlanta, GA The Ethics and Realities of Paying Debtors’ Counsel in Bankruptcy Cases Brandon Bickle, The Honorable Terrence L. Michael, Gable Gotwals, Tulsa U.S. Bankruptcy Court for the Northern District of Okla., Tulsa Bankruptcy Court Panel The Honorable Dana L. Rasure U.S. Bankruptcy Court Northern District of Okla. The Honorable Tom R. Cornish U.S. Bankruptcy Court Eastern District of Okla. The Honorable Janice D. Loyd U.S. Bankruptcy Court Western District of Okla. Stay up-to-date and follow us on The Honorable Sarah Hall U.S. Bankruptcy Court Western District of Okla. The Honorable Terrence L. Michael TUITION: $125 webcast per day or $200 webcast bundle both days. to register go to www.okbar.org/cle $85 licensed 2 years or less for the webcast 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. 22 – Nov. 20, 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; Craig D. Combs, Director of Administration; VIRGINIA D. HENSON, Norman Janet K. Johnson, Director of Educational 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, OFFICERS & Peter Haddock, Tracy Pierce Nester, 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, Jennifer Brumage, Melody MORDY, President-Elect, Ardmore; CHARLES W. CHESNUT, Claridge, Cheryl Corey, Ben Douglas, Immediate Past President, Miami; MATTHEW C. BEESE, Muskogee; Johnny Marie Floyd, Matt Gayle, MICHAEL J. DAVIS, Durant; TIM E. DECLERCK, Enid; JOSHUA A. Suzi Hendrix, Debra Jenkins, Rhonda Langley, Jamie Lane, Durrel Lattimore, EDWARDS, Ada; AMBER PECKIO GARRETT, Tulsa; BRIAN T. Edward Maguire, Renee Montgomery, HERMANSON, Ponca City; ANDREW E. HUTTER, Norman; DAVID T. Whitney Mosby, Lauren Rimmer, MCKENZIE, Oklahoma City; BRIAN K. MORTON, Oklahoma City; Tracy Sanders, Mark Schneidewent, MILES T. PRINGLE, Oklahoma City; ROBIN L. ROCHELLE, Lawton; Kurt Stoner, Krystal Willis, Laura Willis & D. KENYON WILLIAMS JR., Tulsa; JORDAN L. HAYGOOD, Chair- Roberta Yarbrough person, OBA Young Lawyers Division, Shawnee Oklahoma Bar Association 405-416-7000 Toll Free 800-522-8065 FAX 405-416-7001 The Oklahoma Bar Journal Court Issue is published twice Continuing Legal Education 405-416-7029 monthly and delivered electronically by the Oklahoma Bar Ethics Counsel 405-416-7055 Association, 1901 N. Lincoln Boulevard, Oklahoma City, General Counsel 405-416-7007 Lawyers Helping Lawyers 800-364-7886 Oklahoma 73105. Mgmt. Assistance Program 405-416-7008 Subscriptions $60 per year that includes the Oklahoma Bar Mandatory CLE 405-416-7009 Journal magazine published monthly, except June and July. Board of Bar Examiners 405-416-7075 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. 22 — 11/20/2020 The Oklahoma Bar Journal 1327 Every call is a client waiting to happen. Business calls are on the rise and you don’t get a second chance to make a first impression. That’s why solo and small firm attorneys across North America have been trusting Ruby® Receptionists since 2003. With Ruby, every call is answered by a live, friendly, professional receptionist who delivers exceptional experiences. Trust is built from the first interaction and enhanced with every call, increasing the likelihood that you’ve got a client for life. Oklahoma Bar members always get a 6% monthly discount! Dr. Roy Taylor is a current Chief of Police with over 30 years of law enforcement management experience in Federal, State, Local and Private agencies. Areas of expertise include: training, recruiting, selection and assignment; employee supervision, evaluation and retention; curriculum development; canine utilization; budgeting; public relations; emergency management; use of force. Taylor Law Enforcement Consulting Group 919-697-1995 | Nationwide [email protected] www.taylorconsultinggroup.org NOTICE: DESTRUCTION OF RECORDS Pursuant to Court Order SCBD No. 3159, the Board of Bar Examiners will destroy the admission applications of persons admitted to practice in Oklahoma after 3 years from date of admission. Those persons admitted to practice during 2016 who desire to obtain their original application may do so by submitting a written request and $25 processing fee. Bar exam scores are not included. Requests must be received by December 28, 2020. Please include your name, OBA number, mailing address, date of admission, and daytime phone in the written request. Enclose a check for $25, payable to Oklahoma Board of Bar Examiners. Mail to: Oklahoma Board of Bar Examiners, PO Box 53036, Oklahoma City, OK 73152. OKLAHOMA BAR ASSOCIATION table of contents Nov. 20, 2020 • Vol. 91 • No. 22 page 1330 Index to Court Opinions 1331 Opinions of Supreme Court 1343 House of Delegates Actions 1345 Opinions of Court of Criminal Appeals 1359 Opinions of Court of Civil Appeals 1384 Disposition of Cases Other Than by Publication Vol. 91 — No. 22 — 11/20/2020 The Oklahoma Bar Journal 1329 Index to Opinions of Supreme Court 2020 OK 90 COMANCHE NATION OF OKLAHOMA, a Federally Recognized Indian Tribe, ex rel. COMANCHE NATION TOURISM CENTER, Plaintiff/Appellee, v. WALLACE COFFEY, Defendant/Appellant. No. 117,267 .......................................................... 1331 Index to Opinions of Court of Criminal Appeals 2020 OK CR 12 JAMES MAHDAVI, Appellant, v. STATE OF OKLAHOMA, Appellee Case No. F-2018-298 .......................................................................................................................... 1345 2020 OK CR 20 BRET KEVIN SPLAWN, Appellant, v. THE STATE OF OKLAHOMA, Appellee. Case No. F-2019-587 ........................................................................................................ 1354 Index to Opinions of Court of Civil Appeals 2020 OK CIV APP 54 VALERIE SHRECK, Plaintiff/Appellee, vs. BRENT REED, Defen- dant/Appellant. Case No. 117,967 ................................................................................................. 1359 2020 OK CIV APP 55 MINERAL ACQUISITIONS, LLC and SUE ANN ARNALL, Plain- tiffs/Appellants, vs. HAROLD GLENN HAMM, Defendant/Appellee. Case No. 118,255 ................................................................................................................................................. 1361 2020 OK CIV APP 56 LARRY DAVIDSON and JANE DAVIDSON, Plaintiffs/Appellants, vs. POINTE VISTA DEVELOPMENT, LLC, Defendant/Appellee. Case No. 118,381 ........... 1373 2020 OK CIV APP 57 GRILLO VENTURES, LLC, Plaintiff, vs. THUY THU THI VU, ROB- ERT L. FINLEY, DEBORAH, A. FINLEY, FAN DISTRIBUTION COMPANY, AND CAPITAL ONE BANK (USA), NA, Defendants, THUY THU THI VU, Third Party Plaintiff/Appellant, vs. FORREST “BUTCH” FREEMAN, OKLAHOMA COUNTY TREASURER, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF OKLAHOMA, Third-Party Defendants/Appellees. Case No. 118,666 .................................... 1379 1330 The Oklahoma Bar Journal Vol. 91 — No. 22 — 11/20/2020 Opinions of Supreme Court Manner and
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