fundamental rule (Oklahoma) · Go Syfert
← Oklahoma issues

fundamental rule in Oklahoma

424 Oklahoma opinions name it 4 courts 1893–2026 15 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 (53)

CaseFollowedCited
Sullivan v. Forty-Second West Corp.green
okla · 1998 · cited in 12 Oklahoma opinions naming this issue, 2005–2022
2 sentences

2022Provided, further, that the court shall furnish copies of the instructions to the plaintiff and defendant prior to the time and instructions are given by the court. 12 O.S. 2011 , § 578 Sullivan v. Forty-Second West Corp. , 1998 OK 48 961 P.2d 801 Sullivan v. Forty-Second West Corp. , 1998 OK 48 961 P.2d 801 ¶14 Fundamental error occurs when the trial court fails to accurately state the law and "compromises the integrity of the proceeding to such a degree that the error has a substantial effect on the rights of one or more of the parties." Sullivan , at ¶ 7, 784 P.2d at 802.

2022Provided, further, that the court shall furnish copies of the instructions to the plaintiff and defendant prior to the time and instructions are given by the court. 12 O.S. 2011 , § 578 Sullivan v. Forty-Second West Corp. , 1998 OK 48 961 P.2d 801 Sullivan v. Forty-Second West Corp. , 1998 OK 48 961 P.2d 801 ¶14 Fundamental error occurs when the trial court fails to accurately state the law and "compromises the integrity of the proceeding to such a degree that the error has a substantial effect on the rights of one or more of the parties." Sullivan , at ¶ 7, 784 P.2d at 802.

612
Thomas v. Stategreen
oklacrimapp · 1965 · cited in 11 Oklahoma opinions naming this issue, 1970–2015
2 sentences

2015Wallace v. State, 1996 OK CR 8, ¶ 4, 910 P.2d 1084, 1086; Thomas v. State , 1965 OK CR 70, ¶ 4, 404 P.2d 71, 73.

1970Cr., 404 P.2d 71 (1965), the Oklahoma Court of Criminal Appeals stated in numbered paragraph 1 of its syllabus: "The fundamental rule of construction of a statute is to ascertain and give effect to the intention of the legislature as expressed in the statute.

511
Fuller v. Odomgreen
okla · 1987 · cited in 5 Oklahoma opinions naming this issue, 1995–2003
2 sentences

2003Fuller v. Odom, 741 P.2d 449 , 452 (Okla. 1987).

2001See, e.g., Fuller v. Odom, 741 P.2d 449 , 452 (Okla. 1987).

45
Sellars v. McCulloughgreen
okla · 1989 · cited in 5 Oklahoma opinions naming this issue, 1993–2021
2 sentences

2021See Sellars v. McCullough , 1989 OK 155, ¶¶ 9-12 , 784 P.2d 1060, 1062-63 ("Fundamental error is narrowly defined as a substantial misstatement of a fundamental legal principle which appears on the face of the instructions."). 6 Typically such cases involve media outlets.

2021See Sellars v. McCullough , 1989 OK 155, ¶¶ 9-12 , 784 P.2d 1060, 1062-63 ("Fundamental error is narrowly defined as a substantial misstatement of a fundamental legal principle which appears on the face of the instructions."). 6 Typically such cases involve media outlets.

35
COVEL v. Rodriguezgreen
okla · 2012 · cited in 5 Oklahoma opinions naming this issue, 2013–2020
2 sentences

2020See also Covel v. Rodriguez , 2012 OK 5 , ¶¶ 8-10, 272 P.3d 705, 710 ("the fact that evidence may be incompetent under one or more exclusionary rules of evidence does not destroy its probative effect if it is admitted without objection;" and failing to object the error is waived on appeal in the absence of a fundamental error having a substantial effect on the rights of a party). 39 Rogers v. Citizens National Bank in Okmulgee , 1962 OK 176 , 373 P.2d 256, 258 , explaining the holding in Benzel v. Pitchford , 1952 OK 217 , 245 P.2d 1131 ("we held a cause will not be reversed for admission of

2020See also Covel v. Rodriguez , 2012 OK 5 , ¶¶ 8-10, 272 P.3d 705, 710 ("the fact that evidence may be incompetent under one or more exclusionary rules of evidence does not destroy its probative effect if it is admitted without objection;" and failing to object the error is waived on appeal in the absence of a fundamental error having a substantial effect on the rights of a party). 39 Rogers v. Citizens National Bank in Okmulgee , 1962 OK 176 , 373 P.2d 256, 258 , explaining the holding in Benzel v. Pitchford , 1952 OK 217 , 245 P.2d 1131 ("we held a cause will not be reversed for admission of

35
Rogers v. QuikTrip Corp.green
okla · 2010 · cited in 3 Oklahoma opinions naming this issue, 2016–2024
2 sentences

2024H. , 2015 OK 26, ¶ 9, 348 P.3d 1089, 1092 ("The fundamental rule of statutory construction is to ascertain and give effect to legislative intent, and that intent is first sought in the language of a statute."); Rogers v. Quiktrip Corp. , 2010 OK 3, 11, 230 P.3d 853, 859 ("The fundamental rule of statutory construction is to ascertain and give effect to legislative intent."); State ex rel.

2024H. , 2015 OK 26, ¶ 9, 348 P.3d 1089, 1092 ("The fundamental rule of statutory construction is to ascertain and give effect to legislative intent, and that intent is first sought in the language of a statute."); Rogers v. Quiktrip Corp. , 2010 OK 3, 11, 230 P.3d 853, 859 ("The fundamental rule of statutory construction is to ascertain and give effect to legislative intent."); State ex rel.

33
STATE EX REL. DOH v. Robertsongreen
okla · 2006 · cited in 3 Oklahoma opinions naming this issue, 2016–2024
2 sentences

2024Oklahoma Dept. of Health v. Robertson , 2006 OK 99, ¶ 6, 152 P.3d 875, 877--78 ("Legislative intent governs statutory interpretation and this intent is generally ascertained from a statute's plain language."); In re Abrams' Will , 1938 OK 162, 77 P.2d 101, 103 (court has a duty to ascertain and enforce the legislative intent). 26 Yocum v. Greenbriar Nursing Home , 2005 OK 27, ¶ 9, 130 P.3d 213, 219. 27 Strack, Trustee of Patricia Ann Strack, etc. v. Continental Resources, Inc., 2021 OK 21, ¶18, 507 P.3d 609, 616. 28 Matter of Protest of Raytheon Co. and Subsidiaries , 2022 OK 32, ¶9, 512 P.3d

2024Oklahoma Dept. of Health v. Robertson , 2006 OK 99, ¶ 6, 152 P.3d 875, 877--78 ("Legislative intent governs statutory interpretation and this intent is generally ascertained from a statute's plain language."); In re Abrams' Will , 1938 OK 162, 77 P.2d 101, 103 (court has a duty to ascertain and enforce the legislative intent). 26 Yocum v. Greenbriar Nursing Home , 2005 OK 27, ¶ 9, 130 P.3d 213, 219. 27 Strack, Trustee of Patricia Ann Strack, etc. v. Continental Resources, Inc., 2021 OK 21, ¶18, 507 P.3d 609, 616. 28 Matter of Protest of Raytheon Co. and Subsidiaries , 2022 OK 32, ¶9, 512 P.3d

33
In Re Abrams' Willgreen
okla · 1938 · cited in 3 Oklahoma opinions naming this issue, 2016–2024
2 sentences

2024Oklahoma Dept. of Health v. Robertson , 2006 OK 99, ¶ 6, 152 P.3d 875, 877--78 ("Legislative intent governs statutory interpretation and this intent is generally ascertained from a statute's plain language."); In re Abrams' Will , 1938 OK 162, 77 P.2d 101, 103 (court has a duty to ascertain and enforce the legislative intent). 26 Yocum v. Greenbriar Nursing Home , 2005 OK 27, ¶ 9, 130 P.3d 213, 219. 27 Strack, Trustee of Patricia Ann Strack, etc. v. Continental Resources, Inc., 2021 OK 21, ¶18, 507 P.3d 609, 616. 28 Matter of Protest of Raytheon Co. and Subsidiaries , 2022 OK 32, ¶9, 512 P.3d

2024Oklahoma Dept. of Health v. Robertson , 2006 OK 99, ¶ 6, 152 P.3d 875, 877--78 ("Legislative intent governs statutory interpretation and this intent is generally ascertained from a statute's plain language."); In re Abrams' Will , 1938 OK 162, 77 P.2d 101, 103 (court has a duty to ascertain and enforce the legislative intent). 26 Yocum v. Greenbriar Nursing Home , 2005 OK 27, ¶ 9, 130 P.3d 213, 219. 27 Strack, Trustee of Patricia Ann Strack, etc. v. Continental Resources, Inc., 2021 OK 21, ¶18, 507 P.3d 609, 616. 28 Matter of Protest of Raytheon Co. and Subsidiaries , 2022 OK 32, ¶9, 512 P.3d

33
BOYLE v. ASAP ENERGY, INC.green
okla · 2017 · cited in 3 Oklahoma opinions naming this issue, 2020–2020
33
Fike v. Petersgreen
okla · 1935 · cited in 3 Oklahoma opinions naming this issue, 2020–2020
33
Hames v. Andersongreen
okla · 1977 · cited in 3 Oklahoma opinions naming this issue, 2020–2020
33
Digital Design Group, Inc. v. Information Builders, Inc.green
okla · 2001 · cited in 3 Oklahoma opinions naming this issue, 2020–2020
33
State v. Tategreen
okla · 2012 · cited in 3 Oklahoma opinions naming this issue, 2013–2018
33
Hamilton v. State Bargreen
cal · 1979 · cited in 3 Oklahoma opinions naming this issue, 1980–1997
33
Crandell v. Stategreen
oklacrimapp · 1975 · cited in 3 Oklahoma opinions naming this issue, 1987–1989
33
Box v. Stategreen
oklacrimapp · 1973 · cited in 3 Oklahoma opinions naming this issue, 1977–1986
33
Roberts v. Stategreen
oklacrimapp · 1971 · cited in 3 Oklahoma opinions naming this issue, 1973–1976
33
Jackson v. Independent School District No. 16green
okla · 1982 · cited in 23 Oklahoma opinions naming this issue, 1985–1999
2 sentences

1999"The fundamental rule of statutory construction is to ascertain and, if possible, give effect to the intention and purpose of the Legislature as expressed in the statute." Jackson v. ISD-16 of Payne County, 648 P.2d 26 , 29 (Okla. 1982). ¶ 7 The type of order being examined in your inquiry is an order of the court directed to the defendant to reappear, remanding him to the custody of the sheriff until such time as bond is lawfully posted.

1997In analyzing the use of the terms employed and employment used in the last two sentences of Section 509.3, we must look to the statute as a whole and to the use of the terms elsewhere in the Oklahoma School Code in order to give a consistent and logical construction to the section. ¶ 9 "The fundamental rule of statutory construction is to ascertain and, if possible, give effect to the intention and purpose of the Legislature as expressed in the statute." Jackson v. Independent School District No. 16 of Payne County, 648 P.2d 26 , 29 (Okla. 1982).

223
Fanning v. Browngreen
okla · 2004 · cited in 10 Oklahoma opinions naming this issue, 2008–2024
2 sentences

2024Therefore, the resolution of the question depends on what it means to "conduct a raffle." ¶8 "The fundamental rule of statutory construction is to ascertain and give effect to the legislative intent, and that intent is first sought in the language of a statute." Fanning v. Brown , 2004 OK 7, ¶ 10, 85 P.3d 841, 845.

2024Therefore, the resolution of the question depends on what it means to "conduct a raffle." ¶8 "The fundamental rule of statutory construction is to ascertain and give effect to the legislative intent, and that intent is first sought in the language of a statute." Fanning v. Brown , 2004 OK 7, ¶ 10, 85 P.3d 841, 845.

210
Marty v. Board of Educationgreen
okla · 1997 · cited in 6 Oklahoma opinions naming this issue, 1998–2023
2 sentences

2023Statutory words are to be given their ordinary sense except when a contrary intention plainly appears.") (citations omitted); Hill v. Board of Education, District I-009, Jones, Oklahoma , 1997 OK 10711 , ¶ 5, 944 P.2d 930, 931 ("[t]The fundamental rule of statutory construction is to ascertain and, if possible, give effect to the Legislature's intention and purpose as expressed in a statute.") (citations omitted).

2021Statutory words are to be given their ordinary sense except when a contrary intention plainly appears.") (citations omitted); Hill v. Board of Education, District I-009, Jones, Oklahoma , 1997 OK 11, ¶ 5 , 944 P.2d 930, 931 ("The fundamental rule of statutory construction is to ascertain and, if possible, give effect to the Legislature's intention and purpose as expressed in a statute.") (citations omitted).

26
GERHART v. STATEgreen
oklacrimapp · 2015 · cited in 4 Oklahoma opinions naming this issue, 2020–2026
2 sentences

2026State v. Allen , 2021 OK CR 14 492 P.3d 27 ¶6 To prove lewd proposals to a child, the State was required to show that Appellant knowingly and intentionally made an oral lewd or indecent proposal to a child under sixteen years of age for the child to have unlawful sexual relations or intercourse with any person while Appellant was at least three years older than the child. 21 O.S.Supp.2022, § 1123 ¶7 "A fundamental principle of statutory construction is to ascertain and give effect to the intention of the Legislature." Washburne v. State , 2024 OK CR 9 548 P.3d 786 Gerhart v. State , 2015 OK CR

2026State v. Allen , 2021 OK CR 14 492 P.3d 27 ¶6 To prove lewd proposals to a child, the State was required to show that Appellant knowingly and intentionally made an oral lewd or indecent proposal to a child under sixteen years of age for the child to have unlawful sexual relations or intercourse with any person while Appellant was at least three years older than the child. 21 O.S.Supp.2022, § 1123 ¶7 "A fundamental principle of statutory construction is to ascertain and give effect to the intention of the Legislature." Washburne v. State , 2024 OK CR 9 548 P.3d 786 Gerhart v. State , 2015 OK CR

24
T.H. v. Stategreen
okla · 2015 · cited in 3 Oklahoma opinions naming this issue, 2016–2024
2 sentences

2024H. , 2015 OK 26, ¶ 9, 348 P.3d 1089, 1092 ("The fundamental rule of statutory construction is to ascertain and give effect to legislative intent, and that intent is first sought in the language of a statute."); Rogers v. Quiktrip Corp. , 2010 OK 3, 11, 230 P.3d 853, 859 ("The fundamental rule of statutory construction is to ascertain and give effect to legislative intent."); State ex rel.

2024H. , 2015 OK 26, ¶ 9, 348 P.3d 1089, 1092 ("The fundamental rule of statutory construction is to ascertain and give effect to legislative intent, and that intent is first sought in the language of a statute."); Rogers v. Quiktrip Corp. , 2010 OK 3, 11, 230 P.3d 853, 859 ("The fundamental rule of statutory construction is to ascertain and give effect to legislative intent."); State ex rel.

23
Yocum v. Greenbriar Nursing Homegreen
okla · 2005 · cited in 3 Oklahoma opinions naming this issue, 2016–2024
2 sentences

2024Oklahoma Dept. of Health v. Robertson , 2006 OK 99, ¶ 6, 152 P.3d 875, 877--78 ("Legislative intent governs statutory interpretation and this intent is generally ascertained from a statute's plain language."); In re Abrams' Will , 1938 OK 162, 77 P.2d 101, 103 (court has a duty to ascertain and enforce the legislative intent). 26 Yocum v. Greenbriar Nursing Home , 2005 OK 27, ¶ 9, 130 P.3d 213, 219. 27 Strack, Trustee of Patricia Ann Strack, etc. v. Continental Resources, Inc., 2021 OK 21, ¶18, 507 P.3d 609, 616. 28 Matter of Protest of Raytheon Co. and Subsidiaries , 2022 OK 32, ¶9, 512 P.3d

2024Oklahoma Dept. of Health v. Robertson , 2006 OK 99, ¶ 6, 152 P.3d 875, 877--78 ("Legislative intent governs statutory interpretation and this intent is generally ascertained from a statute's plain language."); In re Abrams' Will , 1938 OK 162, 77 P.2d 101, 103 (court has a duty to ascertain and enforce the legislative intent). 26 Yocum v. Greenbriar Nursing Home , 2005 OK 27, ¶ 9, 130 P.3d 213, 219. 27 Strack, Trustee of Patricia Ann Strack, etc. v. Continental Resources, Inc., 2021 OK 21, ¶18, 507 P.3d 609, 616. 28 Matter of Protest of Raytheon Co. and Subsidiaries , 2022 OK 32, ¶9, 512 P.3d

23
IN THE MATTER OF T.H.green
okla · 2015 · cited in 3 Oklahoma opinions naming this issue, 2016–2024
2 sentences

2024H. , 2015 OK 26, ¶ 9, 348 P.3d 1089, 1092 ("The fundamental rule of statutory construction is to ascertain and give effect to legislative intent, and that intent is first sought in the language of a statute."); Rogers v. Quiktrip Corp. , 2010 OK 3, 11, 230 P.3d 853, 859 ("The fundamental rule of statutory construction is to ascertain and give effect to legislative intent."); State ex rel.

2024H. , 2015 OK 26, ¶ 9, 348 P.3d 1089, 1092 ("The fundamental rule of statutory construction is to ascertain and give effect to legislative intent, and that intent is first sought in the language of a statute."); Rogers v. Quiktrip Corp. , 2010 OK 3, 11, 230 P.3d 853, 859 ("The fundamental rule of statutory construction is to ascertain and give effect to legislative intent."); State ex rel.

23
Tucker v. Stategreen
oklacrimapp · 1984 · cited in 3 Oklahoma opinions naming this issue, 1989–1991
23
Tobler v. Stategreen
oklacrimapp · 1984 · cited in 3 Oklahoma opinions naming this issue, 1985–1991
23
GREENWOOD CENTRE, LTD v. NIGHTINGALEgreen
okla · 2020 · cited in 2 Oklahoma opinions naming this issue, 2021–2023
22
People v. Andersongreen
coloctapp · 1989 · cited in 2 Oklahoma opinions naming this issue, 2022–2022
22
First Security Bank of Idaho, Nat. Ass'n v. Rogersgreen
idaho · 1967 · cited in 2 Oklahoma opinions naming this issue, 1992–2019
22
Watson v. Jonesgreen
scotus · 1872 · cited in 2 Oklahoma opinions naming this issue, 2017–2017
22
Quarles v. Panchalgreen
okla · 2011 · cited in 2 Oklahoma opinions naming this issue, 2012–2012
22
Schierenbeck v. Minorgreen
colo · 1961 · cited in 2 Oklahoma opinions naming this issue, 2004–2004
22
Broadrick v. Oklahomagreen
scotus · 1973 · cited in 2 Oklahoma opinions naming this issue, 1994–2002
22
YDF, INC. v. Schlumar, Inc.green
okla · 2006 · cited in 8 Oklahoma opinions naming this issue, 2006–2019
2 sentences

2019Ward Petroleum Corp. v. Stewart , 2003 OK 11 , ¶4, 64 P.3d 1113, 1115 . ¶6 "The fundamental rule of statutory construction is to ascertain and give effect to legislative intent, and that intent is first sought in the language of the statute." YDF, Inc. v. Schlumar, Inc., 2006 OK 32 , ¶6, 136 P.3d 656, 658 .

2019Ward Petroleum Corp. v. Stewart , 2003 OK 11 , ¶4, 64 P.3d 1113, 1115 . ¶6 "The fundamental rule of statutory construction is to ascertain and give effect to legislative intent, and that intent is first sought in the language of the statute." YDF, Inc. v. Schlumar, Inc., 2006 OK 32 , ¶6, 136 P.3d 656, 658 .

18
Wallace v. Stategreen
oklacrimapp · 1996 · cited in 6 Oklahoma opinions naming this issue, 1999–2015
2 sentences

2015Wallace v. State, 1996 OK CR 8, ¶ 4, 910 P.2d 1084, 1086; Thomas v. State , 1965 OK CR 70, ¶ 4, 404 P.2d 71, 73.

2015Wallace v. State, 1996 OK CR 8, ¶ 4, 910 P.2d 1084, 1086; Thomas v. State , 1965 OK CR 70, ¶ 4, 404 P.2d 71, 73.

16
State v. Younggreen
oklacrimapp · 1999 · cited in 4 Oklahoma opinions naming this issue, 2001–2019
2 sentences

2019Arganbright v. State , 2014 OK CR 5, ¶ 17 , 328 P.3d 1212, 1216 ; Young , 1999 OK CR 14, ¶ 27 , 989 P.2d at 955 .

2019Arganbright v. State , 2014 OK CR 5, ¶ 17 , 328 P.3d 1212, 1216 ; Young , 1999 OK CR 14, ¶ 27 , 989 P.2d at 955 .

14
World Publishing Co. v. Millergreen
okla · 2001 · cited in 4 Oklahoma opinions naming this issue, 2005–2016
2 sentences

2016Brown v. Nicholson, 1997 OK 32 , 935 P.2d 319 ; Manley v. Brown, 1999 OK 79 , 989 P.2d 448 . ¶ 11 The fundamental rule of statutory construction is to ascertain and give effect to legislative intent, and intent “is ascertained from the whole act in light of its general purpose and objective considering relevant provisions together to give full force and effect to each.” World Publishing Co. v. Miller, 2001 OK 49 , 32 P.3d 829, 832 (footnotes omitted).

2016Brown v. Nicholson, 1997 OK 32 , 935 P.2d 319 ; Manley v. Brown, 1999 OK 79 , 989 P.2d 448 . ¶ 11 The fundamental rule of statutory construction is to ascertain and give effect to legislative intent, and intent “is ascertained from the whole act in light of its general purpose and objective considering relevant provisions together to give full force and effect to each.” World Publishing Co. v. Miller, 2001 OK 49 , 32 P.3d 829, 832 (footnotes omitted).

14
STATE v. IVENgreen
oklacrimapp · 2014 · cited in 4 Oklahoma opinions naming this issue, 2015–2016
2 sentences

2016State v. Iven, 2014 OK CR 8, ¶ 13 , 335 P.3d 264, 268 .

2016State v. Iven, 2014 OK CR 8, ¶ 13 , 335 P.3d 264, 268 .

14
Taliaferro v. Shahsavarigreen
okla · 2006 · cited in 4 Oklahoma opinions naming this issue, 2010–2015
2 sentences

2012Fundamental error "compromises the integrity of the proceeding to such a degree that the [Jury instruction] has a substantial effect on the rights of one or more of the parties," (emphasis added), id., 17, and "may occur when the trial court does not accurately instruct the jury on the law." Taliaferro v. Shahsavari, 2006 OK 96, ¶ 25 , 154 P.3d 1240, 1247-1248 . 1 45 Division I of the Court of Civil Appeal recently reviewed for fundamental error the identical issue with a jury instruction in a parental rights termination proceeding which was based, in part, 31 on the parents' failure to correc

2012Fundamental error "compromises the integrity of the proceeding to such a degree that the [Jury instruction] has a substantial effect on the rights of one or more of the parties," (emphasis added), id., 17, and "may occur when the trial court does not accurately instruct the jury on the law." Taliaferro v. Shahsavari, 2006 OK 96, ¶ 25 , 154 P.3d 1240, 1247-1248 . 1 45 Division I of the Court of Civil Appeal recently reviewed for fundamental error the identical issue with a jury instruction in a parental rights termination proceeding which was based, in part, 31 on the parents' failure to correc

14
SOTO v. STATEgreen
oklacrimapp · 2014 · cited in 3 Oklahoma opinions naming this issue, 2015–2020
13

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 (27)

CaseCitedYears
City of Durant v. Cicio green
okla · 2002
2 sentences

2011"The fundamental rule of statutory construction is to ascertain and give effect to the legislative intent, and that intent is first sought in the language of a statute." See City of Durant v. Cicio , 50 P.3d 218 , 221 (Okla. 2002).

2011The express language of the statutes makes the tax lien superior only to "liens, conveyances or encumbrances filed subsequent thereto ." Id. (emphasis added). ¶ 4 "The fundamental rule of statutory construction is to ascertain and give effect to the legislative intent, and that intent is first sought in the language of a statute." See City of Durant v. Cicio , 50 P.3d 218 , 221 (Okla. 2002).

132004–2011
Kirk v. State neutral
oklacrimapp · 1914
2 sentences

1949Cr. 203 , 145 P. 307 : “ ‘It is a fundamental principle of criminal law that the character of the defendant cannot be impeached or attacked by the state, unless he puts his character in issue by introducing evidence of good character.’ ” Such was the holding in Smith v. State, 75 Okla.

1947Cr. 203 , 145 P. 307 , this court stated: “It is a fundamental principle of criminal law that the character of the defendant cannot be impeached or attacked by the state, unless he puts his character in issue by introducing evidence of good character.” Says Bishop: “Bad character is never admissible in evidence against a defendant as ground for presuming guilt.

111916–1949
Humphries v. Lewis green
okla · 2003
2 sentences

2011"Where the language of a statute is clear and unambiguous, the language will be given its plain meaning." Humphries v. Lewis , 67 P.3d 333 , 335 (Okla. 2003).

2011"Where the language of a statute is clear and unambiguous, the language will be given its plain meaning." Humphries v. Lewis , 67 P.3d 333 , 335 (Okla. 2003).

52005–2011
Lewis v. Schafer green
okla · 1933
2 sentences

1960In Lewis v. Schafer, 163 Okl. 94 , 20 P.2d 1048 , it is said in the first paragraph of the syllabus as follows: “It is a fundamental rule that equity, having once attached in a proper proceedings, will administer complete relief on all questions properly raised by the evidence, regardless of whether or not such questions or issues are specifically raised by the pleadings, as equity will not permit a mere form to conceal the real position and substantial rights of the parties.

1960In Lewis v. Schafer, 163 Okl. 94 , 20 P.2d 1048 , it is said in the first paragraph of the syllabus as follows: “It is a fundamental rule that equity, having once attached in a proper proceedings, will administer complete relief on all questions properly raised by the evidence, regardless of whether or not such questions or issues are specifically raised by the pleadings, as equity will not permit a mere form to conceal the real position and substantial rights of the parties.

51937–1960
State ex rel. Mashburn v. Stice green
oklacrimapp · 2012
2 sentences

2014State v. Stice, 2012 OK CR 14, ¶ 11 , 288 P.3d 247, 250 .

2014State v. Stice, 2012 OK CR 14, ¶ 11 , 288 P.3d 247, 250 .

42014–2014
West v. State green
oklacrimapp · 1988
2 sentences

1993West v. State, 764 P.2d 528 (Okl.Cr. 1988).

1993West v. State, 764 P.2d 528 (Okl.Cr.1988).

41991–1993
Harris v. State green
oklacrimapp · 1982
2 sentences

1987Martin, and Harris v. State, 645 P.2d 1036 (Okl.

1987Harris v. State, 645 P.2d 1036 (Okl.Cr.1982).

41983–1987
Cavett v. Geary Board of Education green
okla · 1978
2 sentences

1986A fundamental rule of statutory construction is "where the language of a statute is plain and unambiguous, there is no room for construction thereof." Cavett v. Geary Board of Education , 587 P.2d 991 , 993 (Okla. 1978).

1985It is a fundamental rule of statutory construction that "[w]here the language of a statute is plain and unambiguous, there is no room for construction thereof." Cavett v. Geary Board of Education , 587 P.2d 991 , 993 (Okla. 1978).

41985–1986
Rogers v. Citizens National Bank in Okmulgee green
okla · 1962
32020–2020
Benzel v. Pitchford green
okla · 1952
32020–2020
LEE v. BUENO green
okla · 2016
2 sentences

2020See also Covel v. Rodriguez , 2012 OK 5 , ¶¶ 8-10, 272 P.3d 705, 710 ("the fact that evidence may be incompetent under one or more exclusionary rules of evidence does not destroy its probative effect if it is admitted without objection;" and failing to object the error is waived on appeal in the absence of a fundamental error having a substantial effect on the rights of a party). 39 Rogers v. Citizens National Bank in Okmulgee , 1962 OK 176 , 373 P.2d 256, 258 , explaining the holding in Benzel v. Pitchford , 1952 OK 217 , 245 P.2d 1131 ("we held a cause will not be reversed for admission of

2020See also Covel v. Rodriguez , 2012 OK 5 , ¶¶ 8-10, 272 P.3d 705, 710 ("the fact that evidence may be incompetent under one or more exclusionary rules of evidence does not destroy its probative effect if it is admitted without objection;" and failing to object the error is waived on appeal in the absence of a fundamental error having a substantial effect on the rights of a party). 39 Rogers v. Citizens National Bank in Okmulgee , 1962 OK 176 , 373 P.2d 256, 258 , explaining the holding in Benzel v. Pitchford , 1952 OK 217 , 245 P.2d 1131 ("we held a cause will not be reversed for admission of

32020–2020
Morrison v. State green
oklacrimapp · 1927
31943–1989
Smith v. State green
oklacrimapp · 1971
31972–1988
McVicker v. BOARD OF COUNTY COMM'RS OF COUNTY OF CADDO green
okla · 1968
31972–1977
Jeremiah v. State green
oklacivapp · 2012
22018–2018
State v. Salathiel green
oklacrimapp · 2013
22014–2014
General Motors Corp. v. Romein green
scotus · 1992
22014–2014
Landgraf v. USI Film Products green
scotus · 1994
22014–2014
Gillette v. Gillette neutral
oklacivapp · 2002
22012–2012
Riffe Petroleum Co. v. Great Nat. Corp., Inc. green
okla · 1980
21996–2009
Bd. of Regents, Etc. v. Natl. Collegiate Athletic Ass'n green
okla · 1977
22008–2008
Strong v. Laubach green
okla · 2004
22007–2008
Grand River Dam Authority v. State green
okla · 1982
22000–2004
In Re Paternity of JLH green
wisctapp · 1989
22004–2004
Krebsbach v. Henley green
okla · 1986
22001–2003
Street v. New York green
scotus · 1969
21997–1998
PSO v. State Ex Rel. Corp. Com'n green
okla · 1992
21997–1998

Statutes the citing opinions construe

OK § Okla. Stat. tit. 21, § 701.7 (14)

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

CA 2851 (1859–2026) IN 1774 (1868–2026) FL 1771 (1926–2026) TX 1721 (1867–2026) IL 1588 (1871–2026) PA 1300 (1864–2026) IA 977 (1879–2026) NY 938 (1815–2026) KS 901 (1895–2026) NM 857 (1914–2026) NC 724 (1876–2026) AZ 704 (1908–2026) CT 693 (1899–2026) OH 653 (1876–2026) ID 554 (1905–2026) AL 485 (1876–2026) MI 474 (1851–2026) AR 430 (1899–2026) OK 424 (1893–2026) WA 388 (1890–2026) NJ 378 (1881–2026) LA 344 (1859–2026) GA 337 (1901–2026) MO 321 (1884–2025) MD 297 (1884–2026) MA 280 (1855–2026) SD 271 (1897–2026) WI 248 (1849–2026) KY 245 (1860–2026) NE 243 (1885–2026) TN 217 (1897–2026) WV 199 (1870–2026) OR 185 (1881–2026) MS 178 (1909–2026) MN 177 (1891–2026) VA 177 (1843–2025) CO 173 (1890–2026) ME 171 (1839–2026) MT 166 (1891–2026) SC 165 (1911–2026) RI 154 (1895–2026) UT 148 (1905–2026) HI 141 (1920–2026) VT 120 (1844–2026) WY 116 (1898–2025) DC 111 (1933–2026) ND 99 (1898–2025) DE 90 (1930–2026) NV 56 (1878–2023) NH 43 (1902–2025) AK 40 (1977–2025) VI 16 (1968–2025) PR 12 (1916–2010) MP 4 (1986–1993)

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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