MoreLaw
Oklahoma
Courts At A Glance
May,
1997
by Alinda F. Stephenson
In Re Amendments to the Oklahoma Supreme Court Rules, and Rules on Administration of Courts, Case No. SCAD-97-13, 68 OBJ 1543 (Okla. 5/3/97); 1997 OK 54. Effective January 1, 1998, citation to opinions of the Oklahoma Supreme Court and of the Oklahoma Court of Civil Appeals shall be as follows: Opinions promulgated (filed) prior to May 1, 1997 shall be cited by reference to Pacific Reporter system, with parallel citation to the Supreme Court's official paragraph citation form strongly encouraged. Opinions promulgated (filed) after May 1, 1997 shall be cited by reference to the Supreme Court's official paragraph citation form, and parallel citation to the Pacific Reporter system is required.
State of Oklahoma, ex rel. Oklahoma Bar Association, v. Grover L. Miskovsky, Case No. SCBD 4122, 68 O.B.J. 1551 (Okla. 5/3/97); 1997 OK 55. Attorney suspended from practice for 60 days after stipulating to two counts of professional misconduct involving use of sexually explicit and inappropriate language to two women seeking his representation in their respective divorces, held to violate Rules 1.4(b), 1.7(b), 2.1, 8.4(a) and 8.4(d) of the ORPC, and Rule 1.3, RGDP. The discipline to be imposed in each instance of professional misconduct must be sufficient to get the attention of the attorney and persuade him or her that such conduct cannot and will not be tolerated.
Harley Little v. Muscogee (Creek) Nation, State Insurance Fund, and Workers' Compensation Court, Case No. 87,877, 68 O.B.J. 1558 (Okla. 5/3/97); 1997 OK 57. The estoppel act, 85 O.S. 1991 Sections 65.2 and 65.3, makes insurers liable -- regardless of the insured's status as a covered employer -- when it is established that -- at the critical time of injury -- premiums computed on a claimant's wages were accepted under a policy insuring the employer against liability under the Workers' Compensation Act. Once this is shown, the insurance contract is conclusively presumed to be for the benefit of the injured worker, who is free to invoke the jurisdiction of the Workers' Compensation Court as the appropriate forum for relief.
Larry Whitlock v. Bob Moore Cadillac, Inc., Case No. 83,217, 68 O.B.J. 1561 (Okla. 5/3/97); 1997 OK 56. Purchasers of a used automobile brought fraud and Okla. Consumer Protection Act violation claims against Cadillac dealer, were unsuccessful, and were ordered to pay attorney fees under 15 O.S. 1991 section 761.1(A). Reversing the award of attorney fees, the Court held that the unsuccessful pursuit of a fancied remedy through trial and appellate courts, without more, cannot be characterized as frivolous, or in bad faith, and in the absence of a showing that purchasers were motivated by an improper purpose, such as a desire to ruin the seller's business, the award of an attorney's fee was error. The statute does not support an attorney's fee grounded on no more than prevailing-party status.
Gregg Francis Braun v. State, Case #PC-96-1296, 68 O.B.J. 1563 (Okla.Cr.App. 5/3/97). Petitioner's claims for post-conviction relief were denied. Unless a petitioner shows some objective external factor prevented his attorney from raising issues on direct appeal, the Court will presume the omission on direct appeal was the result of appellate counsel's studied decision not to raise the issues on direct appeal and was within the broad range of professional conduct permitted. Without a substantial reason to rebut this presumption, no cause for procedural default arises. Only if cause is established will the Court address the underlying claim of ineffective appellate counsel.
Dale Shipman and Marla J. Shipman v. C. J. French, Case No. 84,385, 68 O.B.J. 1572 (Okla.Civ.App. 5/3/97). Jury verdict finding French guilty of indirect contempt could only be based on French's failure to pay to Shipmans the value of the car (since he could not return the car), which amounts to imprisonment for failure to pay a debt, a violation of Article 2, section 13 of the Oklahoma Constitution.