Decisions

Supreme Court of Oklahoma

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¶1 Respondent, Michael K. Redd applied, pursuant to Rule 8.1 of the Rules Governing Disciplinary Proceedings (RGDP), (5 O.S. 2011 Ch. 1, App. 1-A), for an order approving his resignation pending disciplinary proceedings. Respondent's application and affidavit of resignation reveal the following:

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Court of Criminal Appeals

REED v. STATE

2016 OK CR 10, F-2014-792Decided 05/04/2016

¶1 Appellant Robert Lee Reed was tried by a jury in the District Court of Tulsa County, Case No. CF-2013-5435, and convicted of Lewd Molestation, in violation of 21 O.S.2011, § 1123 . The jury recommended Reed serve twenty-five (25) years imprisonment. The Honorable William J. Musseman, District Judge, sentenced Reed in accordance with the jury's verdict and further ordered Reed serve a three (3) year term of post-imprisonment supervision. 1 Reed now appeals.

STEWART v. STATE

2016 OK CR 9, F-2015-282Decided 04/26/2016

¶1 Appellant, Bruce Conway Stewart, Jr., was tried by jury and convicted of Driving a Motor Vehicle While Under the Influence of Drugs (Count 1) ( 47 O.S.Supp.2013, § 11-902 (A)(4)), After Two or More Felony Convictions, and Driving With License Suspended (Count 4) ( 47 O.S.2011, § 6-303 ), in the District Court of Custer County, Case Number CF-2014-256. 1 The jury recommended as punishment imprisonment for twenty (20) years and a $5,000.00 fine in Count 1 and incarceration in the county jail for one (1) year and a $500.00 fine in Count 4. The trial court sentenced Appellant accordingly but reduced the fine in Count 1 to $500.00. The trial court further ordered the sentences to run concurrently. It is from this judgment and sentence that Appellant appeals.

STATE v. BLACKSHER

2016 OK CR 8, S-2015-801Decided 04/04/2016

¶1 Appellee Kevin Dale Blacksher was charged in the District Court of Lincoln County with Driving Under the Influence (DUI) - Felony, After Former Conviction of Two or More Felonies (Count I) ( 47 O.S.Supp.2013, § 11-902 (C)(2)); Driving with a Suspended License (Count II) ( 47 O.S.2011, § 6-303 (B))(misdemeanor); Failure to Carry Insurance/Security Verification Form (Count III) ( 47 O.S.2011, § 7-602 )(misdemeanor) and Speeding (Count IV) ( 47 O.S.2011, § 11-801 (B)) (misdemeanor), Case No. CF-2014-264. The State filed a Second Page Supplemental Information alleging seven prior convictions. Two of these prior convictions were misdemeanor convictions for DUI and were used to increase the DUI charge to Felony DUI. The additional prior convictions were for Second Degree Burglary, Felony Possession of Marijuana - Second Offense, and three convictions for Knowingly Concealing Stolen Property. With these five prior convictions, the State sought to enhance the range of punishment for the felony DUI charge pursuant to 21 O.S.2011, § 51.1 .

Court of Civil Appeals

¶1 This is an appeal of a trial court's order granting a custodial parent's request to relocate the parties' minor children from Oklahoma to Texas. The order is affirmed. It was neither contrary to law nor against the clear weight of the evidence.

WEAVER v. DOE

2016 OK CIV APP 30, 113532Decided 04/11/2016

¶1 Peak Medical Oklahoma No. 3, Inc., d/b/a Forest Hills Care and Rehabilitation Center, appeals a trial court order denying its motion to dismiss, or in the alternative, motion to compel arbitration and stay the judicial proceedings in this negligence action. After reviewing the record on appeal and applicable law, we reverse and remand with directions.

MANAR v. WESSON

2016 OK CIV APP 29, 113310Decided 04/08/2016

¶1 Defendants/Counter-Claimants/Appellants/Counter-Appellees James H. and Jamie Wesson appeal from judgment finding Plaintiffs/Counter-Defendants/Appellees/Counter-Appellants Floyd and Margie M. Manar have an easement by prescription to use a roadway crossing property owned by the Wessons. The Manars appeal the trial court's finding that the road is not a public road. The clear weight of the evidence shows the road was not dedicated to public use nor was there prescription of the way by the public when it was a wagon trail; we therefore affirm the trial court's finding on that question. The clear weight of the evidence also shows, however, that the road was built and used with the permission of the Wessons' predecessors and therefore the trial court erred in finding the Manars have an easement by prescription. Permissive use of a road is a license which does not ripen into an easement. At most the Manars had a license which the Wessons were free to revoke. We therefore reverse the trial court's finding that the Manars have an easement.

News

Pursuant to SCAD 2016-37, the Supreme Court has ordered the certificate of the court reporters named below be reinstated from the suspension earlier imposed.

Name CSR # Effective Date of Reinstatement
Lori Byrd 1981 April 15, 2016
Renetta Thompson 606 April 13, 2016

Pursuant to SCAD 2016-36, the Supreme Court has ordered the revocation of the certificate of each of the court reporters named below effective April 15, 2016.

Name CSR # Reason
Christina Ogle 1088 Continuing Education and Renewal Fee
Norma Rico 1992 Renewal Fee
Lisa Stockwell 1969 Continuing Education and Renewal Fee
Nikki Tate 1608 Continuing Education and Renewal Fee
Amy Taylor 1993 Renewal Fee

On or before April 15, a suspended certificate may be reinstated, by submission of all required documents and fees. A suspended certificate which has not been reinstated on or before April 15 shall be administratively revoked on that date. See 20 O.S. App. 1, Rules 20 and 23.

Pursuant to SCAD 2016-40, the Supreme Court has ordered the revocation of the credential of the registered courtroom interpreters named below effective April 15, 2016.

Name Reason
Ariel Nuncio Renewal Fee
Alyssa Olvera Renewal Fee

On or before April 15, a suspended credential may be reinstated, by submission of all required documents and fees. A suspended credential which has not been reinstated on or before April 15 shall be administratively revoked on that date. See 20 O.S. Chapter 23, App. II, Rule 18.

Movie: Woman In Gold

The film is based on the true story of the late Maria Altmann, an elderly Jewish refugee, who, together with her young lawyer, Randy Schoenberg, fought the government of Austria for almost a decade to reclaim Gustav Klimt's iconic painting of her aunt, Portrait of Adele Bloch-Bauer I, which was stolen from her relatives by the Nazis in Vienna just prior to World War II. Altmann took her legal battle all the way to the Supreme Court of the United States, which ruled on the case Republic of Austria v. Altmann (2004).

Location: Oklahoma Judicial Center,
2100 N. Lincoln Blvd., Oklahoma City, OK
Date: June 14, 2016
Time: 6:00 p.m. - 8:30 p.m.
Moderated by: Oklahoma Supreme Court Chief Justice John Reif
Panelists: Rep. Paul Wesselhoft; Anil V. Gollahalli, General Counsel, Univ. of Okla.

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For over sixteen years, the Oklahoma Supreme Court’s website, OSCN.net, has provided case record searches for millions of records in the Appellate Courts and thirteen of Oklahoma’s District Courts, including the state’s two most populous counties, Oklahoma and Tulsa Counties. However, recently the site expanded its case search to include eight additional Oklahoma District Courts. This means the public may now perform free case record searches in the Appellate Courts and 76 District Courts!

This searchable online database was designed and developed by the MIS Division of the Administrative Office of Courts (AOC). This technology does not replace the two case management systems used by the district courts to file cases and pleadings, instead it provides the public a centralized location to search court records and view related documents.

OSCN's case search is a free service that provides the public a convenient way to search for court records in the district and appellate courts by case number, name, date of birth, and other identifiers. Search results are fast, and case information is available almost immediately after being processed by the court clerk's office. In addition to online case information, site visitors may view court-related documents online; however, document availability will vary by district court.

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