¶1 Petitioner/Appellant Jeffrey Taylor appeals the trial court's order affirming the Oklahoma Police Pension and Retirement Board's denial of his application for a disability benefit. The Board found competent evidence to rebut a statutory presumption that Taylor's disability was incurred while performing his job. After reviewing the facts and the law, we reverse and remand with instructions.1More...   $0 (10-16-2009 - OK)

¶1 In this malicious prosecution action, Plaintiff, Dr. Michael Peterson, appeals a dismissal granted to Defendant, Charles Snider, and a summary judgment granted to Snider's attorney, Defendant Ken Ray Underwood and the law firm of Ken Ray Underwood, P.C.(collectively, Underwood). We affirm.1

FACTS

¶2 This litigation began when Snider, a truck driver, suffered a job-related injury... More...   $0 (10-16-2009 - OK)

¶1 Latricia Lewis appeals from the district court's order granting summary judgment. The appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(b), 12 O.S. Supp. 2008, ch. 15, app. 1, and the matter stands submitted without appellate briefing. Based on our review of the record on appeal and applicable law, we find that there are material issues of fact tha... More...   $0 (10-08-2009 - OK)

Plaintiff-Appellant Lisa Nicole Bridges appeals from summary judgment in favor of Defendant-Appellee Deputy Brandon Yeager on her civil rights claims. 42 U.S.C. § 1983. Ms. Bridges sued the deputy solely in his individual capacity for compensatory and punitive damages claiming that (1) he used excessive force while arresting her, and (2) he falsely arrested her for assault and battery on a police... More...   $0 (11-03-2009 - OK)

Kenneth Eugene Barrett, a federal prisoner appearing pro se and in forma pauperis, appeals from the district court’s entry of judgment in favor of defendants in his civil rights suit filed under 42 U.S.C. § 1983. We reverse and remand with respect to defendants Gary Philpot and Michael Hendricks. In all other respects, we affirm.

I.

Mr. Barrett was arrested at his residence in the... More...   $0 (11-02-2009 - OK)

In this interlocutory appeal, Joe Rector challenges the district court’s denial of his motion for summary judgment based on qualified immunity. Danny Bowling sued Rector and eight other defendants under 42 U.S.C. § 1983, alleging that they violated his constitutional right to be free from unreasonable search and seizure when Rector applied for and received a warrant to search Bowling’s house ... More...   $0 (10-26-2009 - OK)

James E. Stevenson, Jr., appeals pro se from a district court order that dismissed his civil-rights complaint as time barred. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

BACKGROUND

Mr. Stevenson filed his 42 U.S.C. § 1983 complaint pro se on June 11, 2008. He alleged that he was falsely arrested and beaten by deputies of the Carter County, Oklahoma, Sheriff’s Offi... More...   $0 (10-26-2009 - OK)

Plaintiffs-Appellants Delia Berglund and her daughter Darlene Vasquez (“Plaintiffsâ€�) appeal the district court’s grant of summary judgment for Defendants-Appellees Board of County Commissioners of Pottawatomie County, Pottawatomie County Sheriff Kurt Shirey, Pottawatomie County Sheriff’s Deputy David Swearingen, and Pottawatomie County Sheriff’s Deputy Anthony Rodriguez (“Defendantsâ€�... More...   $0 (10-22-2009 - OK)

¶1 Appellant Jared William Jones was tried by jury and convicted of three counts of First Degree Malice Murder (Counts I, II, and III) (21 O.S.2001, § 701.7(A)), and two counts of Shooting with Intent to Kill (Counts IV and V) (21 O.S.2001, § 652), Case No. CF-2003-2046, in the District Court of Oklahoma County. In Count I, the murder of Pamela Karr, the jury found the presence of one aggravati... More...   $0 (01-21-2009 - OK)

¶1 Two issues are presented on certiorari. The first of these is whether the replacement of a sewer pipeline constitutes an "improvement to real property" within the meaning of the statute of repose in 12 O.S. 2001 § 109.1 We answer that question in the affirmative. The second issue is whether the invoked statute of limitations in 12 O.S. 2001 § 952 may be enlarged by the discovery rule.3 To th... More...   $0 (09-22-2009 - OK)

¶1 The issues presented are whether: 1) the trial court continued the defendant's arraignment in contravention of 59 O.S. Supp. 2008 §1332(A); and 2) the trial court's failure to set the hearing for a day certain materially increased the bondsman's risk. We hold that 59 O.S. Supp. 2008 §1332(A) did not prevent the trial court from continuing the arraignment, but, because the appearance date was... More...   $0 (09-22-2009 - OK)

Plaintiff appellant Ramona Green appeals the district court’s dismissal, under Fed. R. Civ. P. 12(b)(6), of her 42 U.S.C. § 1983 claims against defendants. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I. BACKGROUND

On October 11, 2005, Ms. Green purchased a 1993 Infiniti from defendant Auto Pro and used her 1990 Cadillac as a trade-in. She soon decided that the Inf... More...   $0 (09-03-2009 - OK)

¶1 The central issue in this controversy is whether a municipality's authority to condemn property for economic redevelopment and blight removal is limited to special statutes expressly giving such authority, or in the alternative whether a municipality may condemn property for blight removal and economic development pursuant to a general power of eminent domain. In this controversy a municipalit... More...   $0 (06-29-2004 - OK)

¶1 Arturo Ruiz and Regina Primeaux appeal from the district court's "Order Finding State Met Due Process Requirements For Notice, To Not Consider Potential Claimant's Jose Arturo Ruiz And Regina Primeaux Answer Because Filed Out Of Time, And Reinstating The Final Agreed Order Forfeiting In Part And Remitting In Part" entered in a civil forfeiture proceeding.1 Based on our review of the record on ... More...   $0 (06-11-2009 - OK)

Glen Hindbaugh appeals from the district court’s grant of summary judgment to all defendants in his civil rights suit. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I.

Mr. Hindbaugh was present in a house searched by defendants Daniel, Damron, Bales, and Reeve without a warrant in November 2004. When officers first entered the house, Mr. Hindbaugh and his girlfriend ... More...   $0 (05-18-2009 - OK)

Glen Hindbaugh appeals from the district court’s grant of summary judgment to all defendants in his civil rights suit. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I.

Mr. Hindbaugh was present in a house searched by defendants Daniel, Damron, Bales, and Reeve without a warrant in November 2004. When officers first entered the house, Mr. Hindbaugh and his girlfriend ... More...   $0 (05-18-2009 - OK)

Plaintiff-Appellant Ginger Martinez, individually and on behalf of the estate of her father, Kenneth Wayne Ginn, filed a 42 U.S.C. § 1983 action against the Board of County Commissioners of Cleveland County Oklahoma, Sheriff DeWayne Beggs, and Deputies Kevin Brandon, Tommy Edwards, David Epps, and Gilbert Kirkland alleging violations of the Fourteenth Amendment to the United States Constitution f... More...   $0 (04-21-2009 - OK)

Plaintiff Thomas Eugene Grass, proceeding pro se, challenges the district court’s award of summary judgment to defendant Kelly Johnson on his Fourth Amendment claim of excessive force brought under 42 U.S.C. § 1983. We have jurisdiction under 28 U.S.C. § 1291 and we reverse.

I.

On the evening of May 15, 2004, Johnson, a police officer for the City of Jay, Oklahoma, arrested Grass... More...   $0 (04-25-2009 - OK)

Rhelda Hostetler seeks damages from Justin Green pursuant to 42 U.S.C. § 1983, alleging that Mr. Green – a jailer at the Choctaw County jail – acted with deliberate indifference to her safety as an inmate by failing to protect her from sexual attack by another inmate. This, Ms. Hostetler asserts, resulted in a deprivation of constitutional rights guaranteed her by the Fourteenth Amendment. Be... More...   $0 (04-15-2009 - OK)

Christopher Chase Spencer appeals from the district court’s order granting summary judgment in favor of the City of Mustang, Oklahoma; various City officials and officers (the City defendants); and a local private resident on his federal claim under 42 U.S.C. § 1983 and dismissing without prejudice his state-law claims. We affirm.

BACKGROUND

Factual Basis On May 17, 2004, seventee... More...   $0 (02-27-2009 - OK)

¶1 Brian Thomas Lowery was tried by jury and convicted of Indecent Exposure, under 21 O.S.Supp.2003, § 1021 (Counts I, II, III, VII, and IX); First-Degree Burglary, under 21 O.S.2001, § 1431 (Count IV); Lewd Molestation, under 21 O.S.Supp.2003, § 1123 (Count VI); and Assault and Battery (misdemeanor), under 21 O.S.Supp.2005, § 644 (Count X), in Tulsa County District Court, Case No. CF-2005-4... More...   $0 (09-25-2008 - OK)

¶1 Courtney Dewayne Watts, Appellant, was tried by jury and found guilty of Counts 1 and 4, unlawful distribution of a controlled dangerous substance (methamphetamine), in violation of 63 O.S.Supp.2003, § 2-401 (A)(1); Counts 2 and 3, trafficking in illegal drugs (methamphetamine), in violation of 63 O.S.Supp.2002, § 2-415; Count 5, conspiracy to commit unlawful distribution of a controlled da... More...   $0 (09-25-2008 - OK)

¶1 Plaintiffs brought an action pursuant to the Oklahoma Governmental Tort Claims Act, against the Oklahoma County Court Clerk (Clerk), alleging negligent maintenance of court files that led to the issuance of a warrant for his arrest, and against Oklahoma County, by and through the Board of County Commissioners, for Oklahoma County (Board), as Clerk's employer. The trial court granted summary ju... More...   $0 (11-10-2008 - OK)

¶1 Plaintiffs/Appellants Doug and Samantha Moore (Buyers) bought a home in Rogers County from Defendants John and Nancy Goggins (Sellers) in March 2004. Defendant/Appellee Adrienna Williams (Real Estate Agent) was Sellers' real estate agent and Defendant/Appellee OklaHomes Realty was the real estate broker for Williams (collectively "Realtors"). The law with respect to pre-sale disclosure forms w... More...   $0 (09-12-2008 - OK)

¶1 The Oklahoma Bar Association (Bar Association), the complainant, filed a complaint against Stephen E. Lile, the respondent, alleging specific acts constituting professional misconduct in violation of the Oklahoma Rules of Professional Conduct (ORPC), 5 O.S.2001, ch. 1, app. 3-A, Rule 8.4. Such a violation is grounds for disciplinary action pursuant to Rule 1, § 1.3 of the Rules Governing Disc... More...   $0 (09-16-2008 - OK)

David Bryson was convicted of rape and spent 19 years in jail until exonerated by DNA evidence. He then sued Oklahoma City and a number of officials, including Police Chemist Joyce Gilchrist, District Attorney Robert Macy, and former Oklahoma City Police Chief Sam Gonzales, alleging that they falsely procured his original conviction and then prevented him from obtaining access to DNA evidence that... More...   $0 (07-30-2008 - OK)

1 This matter examines the duty of a landowner to provide reasonable protection from crimes against a business invitee. Certiorari review was granted to resolve a conflict between divisions III and IV of the Court of Civil Appeals. Today, this Court resolves that conflict and applies the applicable rule of law. In doing so, this Court concludes the defendant landowner was not entitled to summary j... More...   $0 (06-14-2008 - OK)

Earl Lee Snider and Carmen Noel Snider filed claims under 42 U.S.C. § 1983, alleging that David Neal and Chris Evans, both officers with the Lincoln County Sheriff's Department, violated their Fourth and Fourteenth Amendment rights when, without a warrant, they entered the Sniders' home, seized Mr. and Mrs. Snider, and seized Mr. Snider's concealed weapon permit (CWP) and fifteen guns. The Sn... More...   $0 (06-07-2008 - OK)

Defendant-Appellant Steve Brooks, the Undersheriff of Garvin County, Oklahoma, appeals the district court's decision denying him qualified immunity on Plaintiff-Appellee Dana L. Price-Cornelison's two constitutional claims that Brooks failed to enforce Price-Cornelison's protective orders because she is a lesbian victim of domestic violence. Price-Cornelison specifically alleged that, in refu... More...   $0 (05-12-2008 - OK)

1 Petitioners, Luis Maurico Ochoa and Gregorio Robles, through counsel, have made application to this Court for writs of habeas corpus and prohibition in connection with commitment orders issued by Respondent, the Honorable Jerry D. Bass, District Judge, in Oklahoma County District Court, Case Nos. CF-2007-1173 and CF-2007-2987. Both the named Respondents have filed response briefs, the Oklahoma... More...   $0 (03-12-2008 - OK)

2 This is Mr. Pate's first atte... More...   $0 (03-18-2008 - OK)

1 Appellant, Jeff Buechler, appeals the trial court's denial of his petition to seal and/or expunge his arrest record. In view of the decision in Knight v. State, 2002 OK CR 19, 46 P.3d 158, the trial court ruled Buechler's petition for expungement barred by res judicata. We disagree. We find Buechler's allegations and evidence of a change of circumstances since the denial of his first expung... More...   $0 (01-11-2008 - OK)

1 Appellant, Taleeta Carter, was tried by jury in the District Court of Lincoln County, Case Number CF-2004-203, before the Honorable Paul M. Vassar, and convicted of Conspiracy to Traffic Methamphetamine (Count I) in violation of 63 O.S.2001, § 2-408; and Unlawful Use of Communication Facility to Facilitate a Felony (Count II) in violation of 13 O.S.Supp.2003, § 176.3(8). The jury set puni... More...   $0 (01-17-2008 - OK)

Defendant Elaine Wheat sued Shane Clark in Oklahoma state court after Mr. Clark shot her at her home. At the time of the shooting, plaintiff Shelter Mutual Insurance Company (Shelter) insured Mr. Clark under a homeowners insurance policy that included personal liability coverage. Shelter subsequently brought this action in federal district court seeking a declaratory judgment that Ms. Whea... More...   $0 (01-09-2008 - OK)

Weyerhaeuser is the record owner of 300 acres known as Sherrill Farm in McCurtain County, Oklahoma. This appeal arises from Weyerhaeuser's suit to remove Carl Brantley and his livestock from Sherrill Farm. As an affirmative defense to Weyerhaeuser's suit, Brantley sought ownership of Sherrill Farm through adverse possession or, in the alternative, a prescriptive grazing easement on the e... More...   $0 (12-31-2007 - OK)

�1 Mann Shockley Blanton, Appellant, was convicted of First Degree Rape in violation of 21 O.S.2001, � 1114 , in the District Court of Carter County, Case No. CF-2004-575, before the Honorable Lee A. Card, Associate District Judge. The jury assessed punishment at fifty (50) years, and the trial court sentenced accordingly. Blanton has perfected an appeal of the District Court&#... More...   $0 (10-30-2007 - OK)

�1 Mann Shockley Blanton, Appellant, was convicted of First Degree Rape in violation of 21 O.S.2001, � 1114 , in the District Court of Carter County, Case No. CF-2004-575, before the Honorable Lee A. Card, Associate District Judge. The jury assessed punishment at fifty (50) years, and the trial court sentenced accordingly. Blanton has perfected an appeal of the District Court&#... More...   $0 (10-30-2007 - OK)

C... More...   $0 (11-20-2007 - OK)

1 Plaintiff/Appellee Shaun Eric Kelley was asleep in the back of his Chevrolet Tahoe, which was parked in the parking lot of a bar, when Officer Kushmaul with the Edmond Police Department awakened him, administered a field sobriety test, and arrested him for being in actual physical control of a vehicle (APC) while under the influence of alcohol in violation of 47 O.S. Supp. 2006 §11-902(A). De... More...   $0 (08-10-2007 - OK)

City of Owasso Police Officers Michael Barnes and Shane Davis shot and killed a suicidal Todd Hastings (Todd) when he approached them with a Samurai sword. Clint Hastings (Hastings), Todd's brother and personal representative, filed a civil rights action against Barnes and Davis, who moved for summary judgment based on qualified immunity. The district court denied the motion. Hastings al... More...   $0 (10-22-2007 - OK)