unconstitutional standard (Oklahoma) · Go Syfert
← Oklahoma issues

unconstitutional standard in Oklahoma

14 Oklahoma opinions name it 4 courts 1973–2020 0 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.

Followed or applied (3)

CaseFollowedCited
Miller v. Stategreen
oklacrimapp · 1970 · cited in 3 Oklahoma opinions naming this issue, 1973–1982
2 sentences

1982The instruction in the instant case is identical to the one held to be valid by this Court in Miller v. State, Okl.Cr., 481 P.2d 175, 178 (1970).

1977The instruction in the instant case is identical to the one held to be valid by this Court in Miller v. State, Okl.Cr., 481 P.2d 175,178 (1970).

33
Cooper v. Oklahomagreen
scotus · 1996 · cited in 3 Oklahoma opinions naming this issue, 1998–2000
2 sentences

2000In Proposition Ten, Hammon argues he was held to the unconstitutional standard of proving his lack of competency “by clear and convincing evidence.” See Cooper v. Oklahoma, 517 U.S. 348 , 116 S.Ct. 1373 , 134 L.Ed.2d 498 (1996).

2000In Proposition Ten, Hammon argues he was held to the unconstitutional standard of proving his lack of competency “by clear and convincing evidence.” See Cooper v. Oklahoma, 517 U.S. 348 , 116 S.Ct. 1373 , 134 L.Ed.2d 498 (1996).

23
Riggs v. Branchgreen
oklacrimapp · 1976 · cited in 1 Oklahoma opinions naming this issue, 1994–1994
1 sentence

1994Riggs v. Branch, 554 P.2d 823, 827-828 (Okl.Cr.1976).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Payne v. State green
oklacrimapp · 1967
2 sentences

1990Payne v. State, 435 P.2d 424 (Okl.Cr. 1967).

1990Payne v. State, 435 P.2d 424 (Okl.Cr.1967).

41973–1990
Murphy v. National Collegiate Athletic Assn. green
scotus · 2018
1 sentence

2020Id. at ¶1478.

12020–2020
Anderson v. State green
oklacrimapp · 1995
2 sentences

2010We addressed a virtually identical claim in Anderson v. State, 1995 OK CR 63, ¶ 5 , 905 P.2d 231, 233 , and concluded: [T]he term "trafficking" as used in this statute does not create a presumption a defendant sold the drugs or intended to sell drugs.

2010We addressed a virtually identical claim in Anderson v. State, 1995 OK CR 63, ¶ 5 , 905 P.2d 231, 233 , and concluded: [T]he term "trafficking" as used in this statute does not create a presumption a defendant sold the drugs or intended to sell drugs.

12010–2010
Rivas v. Parkland Manor green
okla · 2000
2 sentences

2009(Footnotes and internal quotations omitted.) [11 In determining whether § 22(8)(d) is an unconstitutional violation of equal protection "[the critical question is whether the classification rests upon a difference which bears a reasonable relationship to any of the goals of the Workers' Compensation Act." Rivas v. Parkland Manor, 2000 OK 68, ¶ 13 , 12 P.3d 452, 457 .

2009(Footnotes and internal quotations omitted.) [11 In determining whether § 22(8)(d) is an unconstitutional violation of equal protection "[the critical question is whether the classification rests upon a difference which bears a reasonable relationship to any of the goals of the Workers' Compensation Act." Rivas v. Parkland Manor, 2000 OK 68, ¶ 13 , 12 P.3d 452, 457 .

12009–2009
Cooper v. State green
oklacrimapp · 1995
2 sentences

1997This Court addressed this proposition of error in Petitioner’s mandatory sentence review, finding it invalid under Cooper v. State, 889 P.2d 293 (Okl.Cr.1995).

1997This Court addressed this proposition of error in Petitioner's mandatory sentence review, finding it invalid under Cooper v. State, 889 P.2d 293 (Okl.Cr.1995).

11997–1997
State Ex Rel. Oklahoma Bar Ass'n v. Smolen green
okla · 1992
2 sentences

1993Oklahoma Bar Ass’n v. Smolen, 837 P.2d 894 (Okla.1992), I was joined by two of my colleagues — one of whom is the author of the majority opinion. 14 I could not countenance the imposition of discipline based upon an unconstitutional rule in Smolen ; I cannot do so today.

1993Oklahoma Bar Ass'n v. Smolen, 837 P.2d 894 (Okla. 1992), I was joined by two of my colleagues — one of whom is the author of the majority opinion. [14] I could not countenance the imposition of discipline based upon an unconstitutional rule in Smolen ; I cannot do so today.

11993–1993
Bates v. State Bar of Arizona green
scotus · 1977
2 sentences

1978PROFESSIONS AND OCCUPATIONS The promulgation of reasonable restrictions on the professional and ethical conduct of the accounting profession is within the delegated regulatory authority of the Oklahoma State Board of Public Accountancy; to the extent that the rules of Ethical Conduct, Rule VIII, Article 502 of the rules of General Application, serve to restrict commercial speech by accounting practitioners to a greater extent than delineated in the United States Supreme Court decision of Bates v. Arizona, 433 U.S. 350 , 53 L.Ed.2d 810 , 97 S.Ct. 2691 (1977), they are an unconstitutional violat

1978PROFESSIONS AND OCCUPATIONS The promulgation of reasonable restrictions on the professional and ethical conduct of the accounting profession is within the delegated regulatory authority of the Oklahoma State Board of Public Accountancy; to the extent that the rules of Ethical Conduct, Rule VIII, Article 502 of the rules of General Application, serve to restrict commercial speech by accounting practitioners to a greater extent than delineated in the United States Supreme Court decision of Bates v. Arizona, 433 U.S. 350 , 53 L.Ed.2d 810 , 97 S.Ct. 2691 (1977), they are an unconstitutional violat

11978–1978

Statutes the citing opinions construe

OK § Okla. Stat. tit. 12, § 2403 (4) OK § Okla. Stat. tit. 21, § 701.7 (4) OK § Okla. Stat. tit. 21, § 701.12 (3) OK § Okla. Stat. tit. 22, § 1175.4 (3)

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.

Where else courts name it

TX 58 (1909–2022) IL 49 (1889–2022) CA 46 (1946–2025) FL 36 (1974–2026) OH 28 (1979–2022) WA 23 (1965–2025) MA 23 (1982–2023) AZ 20 (1989–2021) NY 20 (1953–2025) LA 20 (1971–2019) PA 20 (1911–2022) NC 16 (1979–2023) KS 16 (1993–2024) GA 15 (1885–2025) WI 14 (1975–2019) OK 14 (1973–2020) MI 13 (1980–2023) SC 13 (1986–2021) AL 13 (1906–2015) TN 13 (1985–2022) CO 10 (1964–2022) IN 10 (1980–2018) MD 9 (1967–2022) CT 8 (1981–2021) MT 8 (1980–2023) NM 7 (1970–2017) KY 7 (2000–2025) SD 7 (1966–2001) MO 6 (1904–2015) NJ 6 (1959–2013) ME 6 (1983–2018) UT 5 (1993–2014) HI 5 (1984–2021) IA 5 (1900–2018) MN 5 (1974–2019) WV 5 (1983–2016) DC 4 (2006–2020) OR 4 (1973–2010) NE 4 (1983–1991) ID 3 (1980–1991) NV 3 (1993–2019) AR 3 (1975–2011) ND 3 (1982–2016) NH 2 (2018–2023) VA 2 (2017–2017) VT 2 (1992–2026) WY 2 (1989–1998)

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.

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