20 Oklahoma opinions name it 2 courts 1912–2023 3 in the last five years
The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Fairchild v. Stategreen2 sentences2001I continue to believe that First Degree Murder By Child Abuse is and should be a specific intent crime as I expressed in Fairchild v. State, 1998 OK CR 47 , 965 P.2d 391, 403 (Lane, J. dissenting joined by Strubhar, V.P.J.), opinion withdrawn and rehearing granted, 1999 OK CR 30 , 992 P.2d 349 , followed by opinion on rehearing, 1999 OK CR 49 , 998 P.2d 611 (Strubhar, P.J. dissenting). 2001I continue to believe that First Degree Murder By Child Abuse is and should be a specific intent crime as I expressed in Fairchild v. State, 1998 OK CR 47 , 965 P.2d 391, 403 (Lane, J. dissenting joined by Strubhar, V.P.J.), opinion withdrawn and rehearing granted, 1999 OK CR 30 , 992 P.2d 349 , followed by opinion on rehearing, 1999 OK CR 49 , 998 P.2d 611 (Strubhar, P.J. dissenting). | 2 | 2 |
Bielski v. Schulzegreen2 sentences2005"Inherent in the common law is a dynamic principle which allows it to grow and to tailor itself to meet changing needs within the doctrine of stare decisis [.., If this were not so, we must succumb to a rule that a judge should let others ‘long dead and unaware of the problems of the age in which he lives do his thinking for him.’ ” Brigance v. Velvet Dove Restaurant, Inc., 1986 OK 41, ¶ 10 , 725 P.2d 300, 303 (quoting Bielski v. Schulze, 16 Wis.2d 1 , 114 N.W.2d 105, 110 (1962) (quoting William O. 2005"Inherent in the common law is a dynamic principle which allows it to grow and to tailor itself to meet changing needs within the doctrine of stare decisis [.., If this were not so, we must succumb to a rule that a judge should let others ‘long dead and unaware of the problems of the age in which he lives do his thinking for him.’ ” Brigance v. Velvet Dove Restaurant, Inc., 1986 OK 41, ¶ 10 , 725 P.2d 300, 303 (quoting Bielski v. Schulze, 16 Wis.2d 1 , 114 N.W.2d 105, 110 (1962) (quoting William O. | 1 | 1 |
Brigance v. Velvet Dove Restaurant, Inc.green2 sentences2005"Inherent in the common law is a dynamic principle which allows it to grow and to tailor itself to meet changing needs within the doctrine of stare decisis [.., If this were not so, we must succumb to a rule that a judge should let others ‘long dead and unaware of the problems of the age in which he lives do his thinking for him.’ ” Brigance v. Velvet Dove Restaurant, Inc., 1986 OK 41, ¶ 10 , 725 P.2d 300, 303 (quoting Bielski v. Schulze, 16 Wis.2d 1 , 114 N.W.2d 105, 110 (1962) (quoting William O. 2005"Inherent in the common law is a dynamic principle which allows it to grow and to tailor itself to meet changing needs within the doctrine of stare decisis [.., If this were not so, we must succumb to a rule that a judge should let others ‘long dead and unaware of the problems of the age in which he lives do his thinking for him.’ ” Brigance v. Velvet Dove Restaurant, Inc., 1986 OK 41, ¶ 10 , 725 P.2d 300, 303 (quoting Bielski v. Schulze, 16 Wis.2d 1 , 114 N.W.2d 105, 110 (1962) (quoting William O. | 1 | 1 |
Shrum v. Stategreen2 sentences2001Shrum, 991 P.2d at 1037-39 (Lumpkin, V.P.J. concurring in result). [3] The defense filed a motion in limine requesting the State be prohibited from arguing in first stage closing argument that Appellant had intended to commit a rape against either Hand or Hill or kidnap either victim. 2001Shrum, 991 P.2d at 1037-39 (Lumpkin, V.P.J. concurring in result). . | 1 | 1 |
Harper v. Virginia Department of Taxationgreen1 sentence1994Justice Scalia's concurring opinion notes that in Teague, supra note 35 , the plurality "openly rejected settled precedent controlling the scope of retroactivity on collateral review." In his view "abandonment of [the Court's] prior collateral-review retroactivity rule was fully in accord with the doctrine of stare decisis. " ( Harper, supra note 2, 509 U.S. at ___ , 113 S.Ct. at 2520 (Scalia, J., concurring)). | 1 | 1 |
State v. First National Bank of Anchoragegreen2 sentences1993In State v. First Nat’l Bank, 660 P.2d 406, 414-15 (Alaska 1982), the Alaska Supreme Court acknowledged that it has so broadly construed subjects in order to bring them within the single-subject rule of the Alaska Constitution that its actions might be construed as a sanction for legislation embracing “the whole body of the law.” At the same time, the Alaska court readily recognized that its continued application of a broad-brush approach to the consideration of the subject of legislation rested solely upon the doctrine of stare decisis. 1993In State v. First Nat'l Bank, 660 P.2d 406, 414-15 (Alaska 1982), the Alaska Supreme Court acknowledged that it has so broadly construed subjects in order to bring them within the single-subject rule of the Alaska Constitution that its actions might be construed as a sanction for legislation embracing "the whole body of the law." At the same time, the Alaska court readily recognized that its continued application of a broad-brush approach to the consideration of the subject of legislation rested solely upon the doctrine of stare decisis. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
OKLAHOMA CALL FOR REPRODUCTIVE JUSTICE v. DRUMMOND
green
2 sentences2023KANE, C.J., with whom Kuehn, J. joins, DISSENTING: ¶1 Were I to conclude that this case is exclusively resolved by the doctrine of stare decisis , I would dissent for the reasons given in my dissent in Oklahoma Call for Reproductive Justice v. Drummond , 2023 OK 24 OCRJ 1 "). 2023KANE, C.J., with whom Kuehn, J. joins, DISSENTING: ¶1 Were I to conclude that this case is exclusively resolved by the doctrine of stare decisis , I would dissent for the reasons given in my dissent in Oklahoma Call for Reproductive Justice v. Drummond , 2023 OK 24 , __ P.3d __ (" OCRJ 1 "). | 3 | 2023–2023 |
Fairchild v. State
green
2 sentences2001I continue to believe that First Degree Murder By Child Abuse is and should be a specific intent crime as I expressed in Fairchild v. State, 1998 OK CR 47 , 965 P.2d 391, 403 (Lane, J. dissenting joined by Strubhar, V.P.J.), opinion withdrawn and rehearing granted, 1999 OK CR 30 , 992 P.2d 349 , followed by opinion on rehearing, 1999 OK CR 49 , 998 P.2d 611 (Strubhar, P.J. dissenting). 2001I continue to believe that First Degree Murder By Child Abuse is and should be a specific intent crime as I expressed in Fairchild v. State, 1998 OK CR 47 , 965 P.2d 391, 403 (Lane, J. dissenting joined by Strubhar, V.P.J.), opinion withdrawn and rehearing granted, 1999 OK CR 30 , 992 P.2d 349 , followed by opinion on rehearing, 1999 OK CR 49 , 998 P.2d 611 (Strubhar, P.J. dissenting). | 2 | 2000–2001 |
Fairchild v. State
green
2 sentences2001I continue to believe that First Degree Murder By Child Abuse is and should be a specific intent crime as I expressed in Fairchild v. State, 1998 OK CR 47 , 965 P.2d 391, 403 (Lane, J. dissenting joined by Strubhar, V.P.J.), opinion withdrawn and rehearing granted, 1999 OK CR 30 , 992 P.2d 349 , followed by opinion on rehearing, 1999 OK CR 49 , 998 P.2d 611 (Strubhar, P.J. dissenting). 2001I continue to believe that First Degree Murder By Child Abuse is and should be a specific intent crime as I expressed in Fairchild v. State, 1998 OK CR 47 , 965 P.2d 391, 403 (Lane, J. dissenting joined by Strubhar, V.P.J.), opinion withdrawn and rehearing granted, 1999 OK CR 30 , 992 P.2d 349 , followed by opinion on rehearing, 1999 OK CR 49 , 998 P.2d 611 (Strubhar, P.J. dissenting). | 2 | 2000–2001 |
Casey v. Self
green
1 sentence2012Contrary to the doctrine of stare decisis, the majority opinion overrules In re King, 1990 OK 138 , 837 P.2d 463 , and In re Geller, 1999 OK CIV APP 45 , 980 P.2d 665 . | 1 | 2012–2012 |
Matter of Estate of King
green
1 sentence2012Contrary to the doctrine of stare decisis, the majority opinion overrules In re King, 1990 OK 138 , 837 P.2d 463 , and In re Geller, 1999 OK CIV APP 45 , 980 P.2d 665 . | 1 | 2012–2012 |
In Re Estate of Geller
green
2 sentences2012Contrary to the doctrine of stare decisis, the majority opinion overrules In re King, 1990 OK 138 , 837 P.2d 463 , and In re Geller, 1999 OK CIV APP 45 , 980 P.2d 665 . 2012Contrary to the doctrine of stare decisis, the majority opinion overrules In re King, 1990 OK 138 , 837 P.2d 463 , and In re Geller, 1999 OK CIV APP 45 , 980 P.2d 665 . | 1 | 2012–2012 |
Public Service Co. of Oklahoma v. Fort Worth Grain Exchange
green
1 sentence2009Nevertheless, because this is the second time in less than three months that we have had to strike legislation containing more than one unrelated subject, 13 we assumed original jurisdiction to resolve the matter by written opinion. 14 *804 113 In Campbell v. White, 1998 OK 89, 1119-20 , 856 P.2d 255 , we discussed the single subject rule as it pertained to art. 5, § 56 of the Oklahoma Constitution. | 1 | 2009–2009 |
Campbell v. White
green
1 sentence2009Nevertheless, because this is the second time in less than three months that we have had to strike legislation containing more than one unrelated subject, 13 we assumed original jurisdiction to resolve the matter by written opinion. 14 *804 113 In Campbell v. White, 1998 OK 89, 1119-20 , 856 P.2d 255 , we discussed the single subject rule as it pertained to art. 5, § 56 of the Oklahoma Constitution. | 1 | 2009–2009 |
Johnson v. Walters
green
2 sentences2009The respondent contends that the bill is constitutional because it addresses the single subject of approving funding of capital projects by state agencies through a common financing mechanism-revenue bonds issues by the OCIA, T 12 The issue of whether the Legislature is constitutionally limited to one-subject legislation was settled in 1991 in Johnson v. Walters, 1991 OK 107 , € 22, 819 P.2d 694 and it has been decided at least five times since. 11 Under the doctrine of stare decisis, 12 and based on more than 16 years of established precedent, the answer to the petitioners' question is well s 2009The respondent contends that the bill is constitutional because it addresses the single subject of approving funding of capital projects by state agencies through a common financing mechanism-revenue bonds issues by the OCIA, T 12 The issue of whether the Legislature is constitutionally limited to one-subject legislation was settled in 1991 in Johnson v. Walters, 1991 OK 107 , € 22, 819 P.2d 694 and it has been decided at least five times since. 11 Under the doctrine of stare decisis, 12 and based on more than 16 years of established precedent, the answer to the petitioners' question is well s | 1 | 2009–2009 |
Carroll v. United States
green
2 sentences2007That is very apparent in our jurisprudence regarding the warrantless search of an automobile, and we should honor the doctrine of stare decisis in applying it here. ¶ 7 The "automobile exception" was first set forth in Carroll v. United States, 267 U.S. 132 , 45 S.Ct. 280 , 69 L.Ed. 543 (1925). 2007That is very apparent in our jurisprudence regarding the warrantless search of an automobile, and we should honor the doctrine of stare decisis in applying it here. ¶ 7 The "automobile exception" was first set forth in Carroll v. United States, 267 U.S. 132 , 45 S.Ct. 280 , 69 L.Ed. 543 (1925). | 1 | 2007–2007 |
Wilson v. City of Plano
green
2 sentences1998Hoover v. Kiowa Tribe of Oklahoma, 1998 OK 23 , 957 P.2d 81 , judgment vacated and remanded, — U.S.-, 119 S.Ct. 32 , 142 L.Ed.2d 25 , presented an in-deptK consideration of historical acts of Congress that settled the status of Indian tribes in Oklahoma at statehood — acts whereby Congress subjected Indian citizens and Indian tribes to the sovereignty of the State of Oklahoma, with specific exceptions, and thereby abrogated any federal common law tribal immunity. 1998Hoover v. Kiowa Tribe of Oklahoma, 1998 OK 23 , 957 P.2d 81 , judgment vacated and remanded, ___ U.S. ___, 119 S.Ct. 32 , 142 L.Ed.2d 25 , presented an in-depth consideration of historical acts of Congress that settled the status of Indian tribes in Oklahoma at statehood acts whereby Congress subjected Indian citizens and Indian tribes to the sovereignty of the State of Oklahoma, with specific exceptions, and thereby abrogated any federal common law tribal immunity. | 1 | 1998–1998 |
Kiowa Tribe of Oklahoma v. Hoover
red
2 sentences1998Hoover v. Kiowa Tribe of Oklahoma, 1998 OK 23 , 957 P.2d 81 , judgment vacated and remanded, — U.S.-, 119 S.Ct. 32 , 142 L.Ed.2d 25 , presented an in-deptK consideration of historical acts of Congress that settled the status of Indian tribes in Oklahoma at statehood — acts whereby Congress subjected Indian citizens and Indian tribes to the sovereignty of the State of Oklahoma, with specific exceptions, and thereby abrogated any federal common law tribal immunity. 1998Hoover v. Kiowa Tribe of Oklahoma, 1998 OK 23 , 957 P.2d 81 , judgment vacated and remanded, ___ U.S. ___, 119 S.Ct. 32 , 142 L.Ed.2d 25 , presented an in-depth consideration of historical acts of Congress that settled the status of Indian tribes in Oklahoma at statehood acts whereby Congress subjected Indian citizens and Indian tribes to the sovereignty of the State of Oklahoma, with specific exceptions, and thereby abrogated any federal common law tribal immunity. | 1 | 1998–1998 |
Hoover v. Kiowa Tribe of Oklahoma
green
2 sentences1998Hoover v. Kiowa Tribe of Oklahoma, 1998 OK 23 , 957 P.2d 81 , judgment vacated and remanded, — U.S.-, 119 S.Ct. 32 , 142 L.Ed.2d 25 , presented an in-deptK consideration of historical acts of Congress that settled the status of Indian tribes in Oklahoma at statehood — acts whereby Congress subjected Indian citizens and Indian tribes to the sovereignty of the State of Oklahoma, with specific exceptions, and thereby abrogated any federal common law tribal immunity. 1998Hoover v. Kiowa Tribe of Oklahoma, 1998 OK 23 , 957 P.2d 81 , judgment vacated and remanded, — U.S.-, 119 S.Ct. 32 , 142 L.Ed.2d 25 , presented an in-deptK consideration of historical acts of Congress that settled the status of Indian tribes in Oklahoma at statehood — acts whereby Congress subjected Indian citizens and Indian tribes to the sovereignty of the State of Oklahoma, with specific exceptions, and thereby abrogated any federal common law tribal immunity. | 1 | 1998–1998 |
Ross v. State
green
2 sentences1998The majority relies on Ross v. State, 1986 OK CR 49 , 717 P.2d 117 . 1998The majority relies on Ross v. State, 1986 OK CR 49 , 717 P.2d 117 . | 1 | 1998–1998 |
Michael v. State
green
1 sentence1971In my view this court's previous opinions of Courtney v. Courtney (1938), 184 Okl. 395 , 87 P.2d 660 and Fiedler v. Fiedler (1914), 42 Okl. 124 , 140 P. 1022 are pertinent. | 1 | 1971–1971 |
Fiedler v. Fiedler
green
1 sentence1971In my view this court's previous opinions of Courtney v. Courtney (1938), 184 Okl. 395 , 87 P.2d 660 and Fiedler v. Fiedler (1914), 42 Okl. 124 , 140 P. 1022 are pertinent. | 1 | 1971–1971 |
Courtney v. Courtney
green
2 sentences1971In my view this court's previous opinions of Courtney v. Courtney (1938), 184 Okl. 395 , 87 P.2d 660 and Fiedler v. Fiedler (1914), 42 Okl. 124 , 140 P. 1022 are pertinent. 1971In my view this court's previous opinions of Courtney v. Courtney (1938), 184 Okl. 395 , 87 P.2d 660 and Fiedler v. Fiedler (1914), 42 Okl. 124 , 140 P. 1022 are pertinent. | 1 | 1971–1971 |
Oklahoma County v. Queen City Lodge No. 197, I. O. O. F.
green
2 sentences1971This court has heretofore held that it is not arbitrarily required, by the doctrine of stare decisis, to follow prior decisions when to do so will perpetuate manifest error. *1253 Oklahoma County v. Queen City Lodge No. 197, I.O.O.F. (1945). 195 Okl. 131 , 156 P.2d 340 . 1971This court has heretofore held that it is not arbitrarily required, by the doctrine of stare decisis, to follow prior decisions when to do so will perpetuate manifest error. *1253 Oklahoma County v. Queen City Lodge No. 197, I.O.O.F. (1945). 195 Okl. 131 , 156 P.2d 340 . | 1 | 1971–1971 |
State v. Start
green
2 sentences1955He quoted extensively from the case of State v. Start, 65 Or. 178 , 132 P. 512 , 46 L.R.A., N.S., 266, wherein it was stated: "`The authorities cited by the defendant have implicitly followed this ipse dixit of the English court without giving any reason therefor, always controlled solely by the doctrine of stare decisis, and often with protests against the authority of the rule. 1955He quoted extensively from the case of State v. Start, 65 Or. 178 , 132 P. 512 , 46 L.R.A., N.S., 266, wherein it was stated: "`The authorities cited by the defendant have implicitly followed this ipse dixit of the English court without giving any reason therefor, always controlled solely by the doctrine of stare decisis, and often with protests against the authority of the rule. | 1 | 1955–1955 |
Long v. Prairie Oil & Gas Co.
neutral
2 sentences1942Long v. Prairie Oil & Gas Co., 135 Kan. 440 , 10 P. 2d 894 ; Ross v. Kansas City Pub. 1942Long v. Prairie Oil & Gas Co., 135 Kan. 440 , 10 P. 2d 894 ; Ross v. Kansas City Pub. | 1 | 1942–1942 |
Factor v. Perkins
green
2 sentences1934In Factor v. Perkins, 164 Okla. 20 , 22 P. (2d) 391 , in referring to the doctrine of stare decisis, this court said: “As a portion of the doctrine of stare decisis, this court recognizes that stability of the law in connection with the real property and stability of the titles to lands in this state depend upon an adherence to the rules of property established by the • decisions of this court, and when this court has announced in its previous decisions a doctrine which has for many years been the basis of determining the validity of titles, it is only in the most exceptional eases that the pr 1934In Factor v. Perkins, 164 Okla. 20 , 22 P. (2d) 391 , in referring to the doctrine of stare decisis, this court said: “As a portion of the doctrine of stare decisis, this court recognizes that stability of the law in connection with the real property and stability of the titles to lands in this state depend upon an adherence to the rules of property established by the • decisions of this court, and when this court has announced in its previous decisions a doctrine which has for many years been the basis of determining the validity of titles, it is only in the most exceptional eases that the pr | 1 | 1934–1934 |
Jordan v. Neer
neutral
2 sentences1915Later the same doc *424 trine was announced and applied in the case of Jordan et al. v. Neer, 34 Okla. 400 , 125 Pac. 1117 . 1915Later the same doc *424 trine was announced and applied in the case of Jordan et al. v. Neer, 34 Okla. 400 , 125 Pac. 1117 . | 1 | 1915–1915 |
Inman v. Sherrill
neutral
2 sentences1912In the recent case of Inman v. Sherill et al., 29 Okla. 100 , 116 Pac. 426 , the authorities in this jurisdiction are collected and reviewed. 1912In the recent case of Inman v. Sherill et al., 29 Okla. 100 , 116 Pac. 426 , the authorities in this jurisdiction are collected and reviewed. | 1 | 1912–1912 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.