Decisions

Supreme Court of Oklahoma

MARTIN v. GRAY

2016 OK 114, 114660Decided 11/08/2016

¶0 Petitioner sought review of a certified interlocutory order from the District Court of Oklahoma County, Honorable Bryan C. Dixon, which applied Kansas law and dismissed Petitioner's bad-faith claim with prejudice.

¶0 Mustang Run Wind Project filed an application with the Osage County Board of Adjustment for a conditional use permit to operate an energy facility using wind turbines. The Board denied the application and Mustang filed an appeal in the District Court for Osage County. The Honorable Robert G. Haney, District Judge, for Ottawa and Delaware Counties was assigned to hear the matter after judges in Osage County recused. The Osage Nation and Osage Minerals Council intervened. A trial de novo was held and Judge Haney ordered the County Board of Adjustment to issue a conditional use permit. The Osage County Board of Adjustment and the Osage Nation appealed to this Court and the appeal was retained. We hold the Osage County Board of Adjustment possesses authority to grant conditional use permits, the trial judge's findings are not against the clear weight of the evidence, and affirm the trial court's judgment requiring the Board of Adjustment to issue a conditional use permit with any additional reasonable conditions.

BROWN v. ALLEY

2016 OK 112, 113000Decided 11/01/2016

¶0 Appellant sought to revoke the letters of administration of appellee, Ami Alley, who was determined to be the surviving spouse of the decedent Bobby Joe Brown, Jr., through a valid common law marriage. Appellant claimed to be the surviving spouse through a valid ceremonial marriage, prior to the common law marriage, with no divorce from decedent. The trial court held in favor of Alley, and the Court of Civil Appeals affirmed. We affirm.

Court of Criminal Appeals

¶1 On April 27, 2015, the Supreme Court of the State of Oklahoma transferred to this Court a Petition for Writ of Mandamus filed by Petitioner Moss challenging the October 15, 2013 order from the District Court of Oklahoma County denying Moss's application for writ of mandamus. Moss requested the District Court of Oklahoma County issue an order compelling the Oklahoma Department of Corrections (ODOC) to honor an order from the District Court of Ottawa County modifying the terms of Petitioner's sentence, ordering Moss's sentence in Ottawa County Case No. CF-2006-444 to run concurrently with his sentences assessed in Tulsa County Case No. CF-2007-319.

FLOWERS v. STATE

2016 OK CR 22, PC-2016-293Decided 10/20/2016

¶1 Petitioner has appealed to this Court from a March 24, 2016, order of the District Court of Comanche County, denying his application for post-conviction relief requesting DNA testing in Case No. CRF-1993-241. In that case, Petitioner was tried by a jury, convicted and sentenced. Petitioner filed a direct appeal of his conviction, which was affirmed by this Court. See Flowers v. State , No. F-1994-1320 (May 1, 1996) (Not For Publication).

MITCHELL v. STATE

2016 OK CR 21, F-2015-554Decided 10/07/2016

¶1 Emanuel Dewayne Mitchell was tried by jury and convicted of Count I, Murder in the First Degree in violation of 21 O.S.Supp.2006, § 701.7 (B); and Count II, Conspiracy to Commit a Felony (Robbery with a Dangerous Weapon), after former conviction of two or more felonies, in violation of 21 O.S.2001, §§ 421 , 801, in the District Court of Oklahoma County, Case No. CF-2009-3297. In a consolidated action, Mitchell was tried by the same jury and convicted of Unauthorized Use of a Motor Vehicle in violation of 47 O.S.2001, § 4-102 , in the District Court of Oklahoma County, Case No. CF-2009-3341. In accordance with the jury's recommendation the Honorable Timothy R. Henderson sentenced Mitchell to life imprisonment without the possibility of parole (CF-2009-3297, Count I); twenty-five (25) years imprisonment (CF-2009-3297, Count II); and ten (10) years imprisonment (CF-2009-3341), all to run consecutively to one another. Mitchell appeals from these convictions and sentences and raises ten proposition of error in support of his appeal.

Court of Civil Appeals

¶1 Defendants Pemco, LLC, and Richard Coody appeal from the trial court's orders (1) granting judgment in favor of Plaintiff Osage Energy Resources, LLC, (2) denying Defendants' motion for new trial, and (3) granting Plaintiff's application for attorney fees, costs and interest. After review of the record and applicable law, we affirm. 1

¶1 Plaintiff Teresa Lopez appeals from an order of the trial court granting summary judgment to Defendant Board of County Commissioners of Cherokee County in this negligence/personal injury action. This appeal proceeds under Supreme Court Rule 1.36, 12 O.S. Supp. 2015, ch. 15, app. 1, without appellate briefing. After review, we affirm in part, reverse in part, and remand for further proceedings.

¶1 The Apache Tribe of Oklahoma appeals the district court's order confirming an arbitration award in favor of Wells Fargo Bank. The Tribe argues that the parties contracted for expanded judicial review which the district court refused to grant. 1 We find that 9 U.S.C. § 10 and United States Supreme Court precedent preclude expanded review. We further find that the arbitrators did not exceed their authority and affirm the district court's confirmation order.

News

Judge Thomas McCann Bartheld passed away last weekend. His obituary is available at the Tulsa World.

Judge Bartheld’s family will receive friends during visiting hours from 6:30 to 8:00 p.m. on Monday, November 7, 2016, at Brumley-Mills Funeral Home.

Funeral services will be held at 10:00 am on Tuesday, November 8, 2016, at Life Church, with interment at Oak Hill Cemetery.

Over 120 community volunteers from around the state attended the 22nd annual Early Settlement Volunteer Mediator Conference on Friday, October 21, 2016, on the campus of Rose State College in Midwest City. The conference theme was "Helping People Work Together" and is best stated in this syllogism: "In order for people to work together, first they must think together. In order for people to think together, first they must talk together."

The keynote speech for the conference this year was "Writing Effective Agreements" by Marcy Thomas, JD, who is the Director of the Early Settlement, Northeast program based in Bartlesville, and Gary Maxey, JD, who is the Director of the Early Settlement, Northwest program based out of Enid. Sue D. Tate, State Director, served as the master of ceremonies for the annual event.

Full Article
photo of a crowded audience

The Education Subcommittee of the Oklahoma Children's Court Improvement Program (CIP) hosted the first Enhancing Educational Success for Children and Youth in Care Conference on October 12 & 13, 2016. The conference was the first of its kind in Oklahoma City and Tulsa. The CIP Education Committee hopes to make it an annual event.

"The conference was designed to address an issue that is long overdue: Basic Educational Rights for children in foster care and in the delinquent system with special educational needs," said Kate Dodoo, who is one of the CIP Education Subcommittee Co-chairs and Staff Attorney for the Oklahoma Supreme Court. The conference was also designed to equip each Individual Education Plan (IEP) and 504 (Section 504 of the Rehabilitation Act) team member with the skills necessary to create enriched educational plans and to develop better relationships with school officials.

Full Article

NOTICE OF JUDICIAL VACANCY

The Judicial Nominating Commission seeks applicants to fill the following judicial office:

Justice of the Supreme Court
District Two

[To be appointed to the office of Justice of the Supreme Court, an individual must have been a qualified elector of the applicable Supreme Court Judicial District, as opposed to a registered voter, for one year immediately prior to his or her appointment, and additionally, must have been a licensed attorney, practicing law within the State of Oklahoma, or serving as a judge of a court of record in Oklahoma, or both, for five years preceding his/her appointment.]

Application forms can be obtained on line at www.oscn.net under the link to Programs, then Judicial Nominating Commission, or by contacting Tammy Reaves, Administrative Office of the Courts, 2100 N. Lincoln, Suite 3, Oklahoma City, Oklahoma 73105, (405) 556-9862. Applications must be submitted to the Chairman of the Commission at the same address no later than 5:00 p.m., Monday, November 14, 2016. If applications are mailed, they must be postmarked by midnight, November 14, 2016.

John H. Tucker, Chairman
Oklahoma Judicial Nominating Commission
Administrative Office of the Courts
2100 N. Lincoln Blvd., Suite 3
Oklahoma City, Oklahoma 73105

Several new District Judge vacancies have been posted on the webpage for the Oklahoma Judicial Nominating Commission. Please see the JNC webpage for full information, the application and instructions.

Disclaimer:
The OSCN staff makes every effort to ensure that every document published here is one hundred percent accurate and the overwhelming majority of the materials we publish are one hundred percent accurate. Nevertheless, in those rare instances where there is a discrepancy between the version of a document published here, and the official version of that document, the official version shall govern.