sense standard (Oklahoma) · Go Syfert
← Oklahoma issues

sense standard in Oklahoma

10 Oklahoma opinions name it 3 courts 1917–2009 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 (4)

CaseFollowedCited
United States v. Wicksgreen
ca10 · 1993 · cited in 3 Oklahoma opinions naming this issue, 1997–2001
2 sentences

2001In either of these situations, we believe the magistrate was presented with facts sufficient to justify issuance of the warrant for Pickens' arrest. ¶ 10 "The existence of probable cause is a common sense standard requiring facts sufficient to warrant a man of reasonable caution in the belief that an offense has or is being committed." Mollett v. State, 1997 OK CR 28, ¶ 14 , 939 P.2d 1, 7 , cert. denied, 522 U.S. 1079 , 118 S.Ct. 859 , 139 L.Ed.2d 758 (1998), citing United States v. Wicks, 995 F.2d 964, 972 (10th Cir.1993).

2001In either of these situations, we believe the magistrate was presented with facts sufficient to justify issuance of the warrant for Pickens' arrest. 1 10 "The existence of probable cause is a common sense standard requiring facts sufficient to warrant a man of reasonable caution in the belief that an offense has or is being committed." Mollett v. State, 1997 OK CR 28, ¶ 14 , 939 P.2d 1, 7 , cert. denied, 522 U.S. 1079 , 118 S.Ct. 859 , 189 L.Ed.2d 758 (1998), citing United States v. Wicks, 995 F.2d 964, 972 (10th Cir.1993).

33
Mollett v. Stategreen
oklacrimapp · 1997 · cited in 3 Oklahoma opinions naming this issue, 2000–2009
2 sentences

2009Mollett v. State, 1997 OK CR 28, ¶ 14 , 939 P.2d 1, 7 ("[t]he existence of probable cause is a common sense standard requiring facts sufficient to warrant a man of reasonable caution in the belief that an offense has or is being committed").

2009Mollett v. State, 1997 OK CR 28, ¶ 14 , 939 P.2d 1, 7 ("[t]he existence of probable cause is a common sense standard requiring facts sufficient to warrant a man of reasonable caution in the belief that an offense has or is being committed").

23
United States v. Mikellgreen
ca11 · 1996 · cited in 1 Oklahoma opinions naming this issue, 2009–2009
2 sentences

2009See also United States v. Mikell, 102 F.3d 470, 475 (lith Cir.1996) ("[plrobable cause exists when, under the totality of the circumstances, there is a fair probability that contraband or evidence of a crime will be discovered in a particular place").

2009See also United States v. Mikell, 102 F.3d 470, 475 (11th Cir. 1996) ("[p]robable cause exists when, under the totality of the circumstances, there is a fair probability that contraband or evidence of a crime will be discovered in a particular place").

11
Papachristou v. City of Jacksonvillegreen
scotus · 1972 · cited in 1 Oklahoma opinions naming this issue, 1979–1979
2 sentences

1979As a result, “men of common intelligence must necessarily guess at its meaning.” Connally v. General Construction Co., 269 U.S. 385, 391 , 46 S.Ct. 126, 127 , 70 L.Ed. 322 (1926).’ Coates v. City of Cincinnati, 402 U.S. 611, 614 , 91 S.Ct. 1686, 1688 , 29 L.Ed.2d 214 (1971).” A city ordinance prohibiting vagrancy was struck down by the United States Supreme Court in Papachristou v. Jacksonville, supra. The ordinance provided in part that “ ‘persons neglecting all lawful business and habitually spending their time by frequenting houses of ill fame, gaming houses, or places where alcoholic bever

1979As a result, “men of common intelligence must necessarily guess at its meaning.” Connally v. General Construction Co., 269 U.S. 385, 391 , 46 S.Ct. 126, 127 , 70 L.Ed. 322 (1926).’ Coates v. City of Cincinnati, 402 U.S. 611, 614 , 91 S.Ct. 1686, 1688 , 29 L.Ed.2d 214 (1971).” A city ordinance prohibiting vagrancy was struck down by the United States Supreme Court in Papachristou v. Jacksonville, supra. The ordinance provided in part that “ ‘persons neglecting all lawful business and habitually spending their time by frequenting houses of ill fame, gaming houses, or places where alcoholic bever

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 (11)

CaseCitedYears
Prewitt v. Alexander green
scotus · 1998
2 sentences

2001In either of these situations, we believe the magistrate was presented with facts sufficient to justify issuance of the warrant for Pickens' arrest. ¶ 10 "The existence of probable cause is a common sense standard requiring facts sufficient to warrant a man of reasonable caution in the belief that an offense has or is being committed." Mollett v. State, 1997 OK CR 28, ¶ 14 , 939 P.2d 1, 7 , cert. denied, 522 U.S. 1079 , 118 S.Ct. 859 , 139 L.Ed.2d 758 (1998), citing United States v. Wicks, 995 F.2d 964, 972 (10th Cir.1993).

2001In either of these situations, we believe the magistrate was presented with facts sufficient to justify issuance of the warrant for Pickens' arrest. ¶ 10 "The existence of probable cause is a common sense standard requiring facts sufficient to warrant a man of reasonable caution in the belief that an offense has or is being committed." Mollett v. State, 1997 OK CR 28, ¶ 14 , 939 P.2d 1, 7 , cert. denied, 522 U.S. 1079 , 118 S.Ct. 859 , 139 L.Ed.2d 758 (1998), citing United States v. Wicks, 995 F.2d 964, 972 (10th Cir.1993).

22000–2001
Gunn v. United States neutral
scotus · 2014
2 sentences

2001In either of these situations, we believe the magistrate was presented with facts sufficient to justify issuance of the warrant for Pickens' arrest. 1 10 "The existence of probable cause is a common sense standard requiring facts sufficient to warrant a man of reasonable caution in the belief that an offense has or is being committed." Mollett v. State, 1997 OK CR 28, ¶ 14 , 939 P.2d 1, 7 , cert. denied, 522 U.S. 1079 , 118 S.Ct. 859 , 189 L.Ed.2d 758 (1998), citing United States v. Wicks, 995 F.2d 964, 972 (10th Cir.1993).

2000"The existence of probable cause is a common sense standard requiring facts sufficient to warrant a man of reasonable caution in the belief that an offense has or is being committed." Mollett v. State, 939 P.2d 1, 7 (Okl.Cr.1997), cert. denied, 522 U.S. 1079 , 118 S.Ct. 859 , 189 L.Ed.2d 758 (1998) quoting United States v. Wicks, 995 F.2d 964, 972 (10th Cir.1998).

22000–2001
Glean v. Georgia green
scotus · 1998
1 sentence

2001In either of these situations, we believe the magistrate was presented with facts sufficient to justify issuance of the warrant for Pickens' arrest. ¶ 10 "The existence of probable cause is a common sense standard requiring facts sufficient to warrant a man of reasonable caution in the belief that an offense has or is being committed." Mollett v. State, 1997 OK CR 28, ¶ 14 , 939 P.2d 1, 7 , cert. denied, 522 U.S. 1079 , 118 S.Ct. 859 , 139 L.Ed.2d 758 (1998), citing United States v. Wicks, 995 F.2d 964, 972 (10th Cir.1993).

12001–2001
Calero-Toledo v. Pearson Yacht Leasing Co. green
scotus · 1974
2 sentences

1991In Calero-Toledo v. Pearson Yacht Leasing Co., 416 U.S. 663 , 94 S.Ct. 2080 , 40 L.Ed.2d 452 (1974), the United States Supreme Court discussed the history of such forfeitures, both before and after the adoption of the Constitution of the United States.

1991In Calero-Toledo v. Pearson Yacht Leasing Co., 416 U.S. 663 , 94 S.Ct. 2080 , 40 L.Ed.2d 452 (1974), the United States Supreme Court discussed the history of such forfeitures, both before and after the adoption of the Constitution of the United States.

11991–1991
Floyd v. State green
oklacrimapp · 1975
1 sentence

1986Cf. Floyd v. State, 540 P.2d 1195 (Okl.Cr.1975) (availability of time credits against sentences for future crimes would provide a sense of immunity and an incentive to engage in criminal conduct).

11986–1986
Coursey v. Fairchild green
okla · 1967
2 sentences

1983It is hence a “clog” in the sense of the rule-prohibited “collateral advantage” to the lender. 1 Coursey v. Fairchild, supra. The burden it imposes by automatically accelerating the obligation on sale is not related to a specific security-impairing event.

1983It is hence a "clog" in the sense of the rule-prohibited "collateral advantage" to the lender. [1] Coursey v. Fairchild, supra. The burden it imposes by automatically accelerating the obligation on sale is not related to a specific security-impairing event.

11983–1983
Connally v. General Construction Co. green
scotus · 1926
2 sentences

1979As a result, “men of common intelligence must necessarily guess at its meaning.” Connally v. General Construction Co., 269 U.S. 385, 391 , 46 S.Ct. 126, 127 , 70 L.Ed. 322 (1926).’ Coates v. City of Cincinnati, 402 U.S. 611, 614 , 91 S.Ct. 1686, 1688 , 29 L.Ed.2d 214 (1971).” A city ordinance prohibiting vagrancy was struck down by the United States Supreme Court in Papachristou v. Jacksonville, supra. The ordinance provided in part that “ ‘persons neglecting all lawful business and habitually spending their time by frequenting houses of ill fame, gaming houses, or places where alcoholic bever

1979As a result, “men of common intelligence must necessarily guess at its meaning.” Connally v. General Construction Co., 269 U.S. 385, 391 , 46 S.Ct. 126, 127 , 70 L.Ed. 322 (1926).’ Coates v. City of Cincinnati, 402 U.S. 611, 614 , 91 S.Ct. 1686, 1688 , 29 L.Ed.2d 214 (1971).” A city ordinance prohibiting vagrancy was struck down by the United States Supreme Court in Papachristou v. Jacksonville, supra. The ordinance provided in part that “ ‘persons neglecting all lawful business and habitually spending their time by frequenting houses of ill fame, gaming houses, or places where alcoholic bever

11979–1979
Coates v. City of Cincinnati green
scotus · 1971
2 sentences

1979As a result, “men of common intelligence must necessarily guess at its meaning.” Connally v. General Construction Co., 269 U.S. 385, 391 , 46 S.Ct. 126, 127 , 70 L.Ed. 322 (1926).’ Coates v. City of Cincinnati, 402 U.S. 611, 614 , 91 S.Ct. 1686, 1688 , 29 L.Ed.2d 214 (1971).” A city ordinance prohibiting vagrancy was struck down by the United States Supreme Court in Papachristou v. Jacksonville, supra. The ordinance provided in part that “ ‘persons neglecting all lawful business and habitually spending their time by frequenting houses of ill fame, gaming houses, or places where alcoholic bever

1979As a result, “men of common intelligence must necessarily guess at its meaning.” Connally v. General Construction Co., 269 U.S. 385, 391 , 46 S.Ct. 126, 127 , 70 L.Ed. 322 (1926).’ Coates v. City of Cincinnati, 402 U.S. 611, 614 , 91 S.Ct. 1686, 1688 , 29 L.Ed.2d 214 (1971).” A city ordinance prohibiting vagrancy was struck down by the United States Supreme Court in Papachristou v. Jacksonville, supra. The ordinance provided in part that “ ‘persons neglecting all lawful business and habitually spending their time by frequenting houses of ill fame, gaming houses, or places where alcoholic bever

11979–1979
Grimes v. State green
oklacrimapp · 1963
1 sentence

1967This Court will adhere to the well-recognized and common sense rule as stated in Grimes v. State, Okl.Cr., 377 P.2d 847 : “The granting or denial of a motion for continuance is addressed to the sound discretion of the trial court and the actions of the trial court will not be disturbed unless it appears that he acted in an arbitrary or capricious manner.” It does not appear that defendant was prejudiced in any manner in proceeding to trial, as defense counsel did an outstanding job of protecting his rights, and in. the. defense of the charge with which defendant was on trial.

11967–1967
Smithey v. State green
oklacrimapp · 1963
1 sentence

1967“A defendant charged with a felony, who waits until a few days before trial to employ counsel, and then asks for postponement of the trial on the grounds of insufficient time to prepare for that trial has not used due diligence, and denial of his motion for continuance is not error.” See, Winegar, supra; and Smithey v. State, Okl.Cr., 385 P.2d 920 .

11967–1967
Fisher v. Jansen neutral
ill · 1889
2 sentences

1917Fisher et al. v. Jansen, 128 Ill. 549 , 21 N. E. 598 .

1917Fisher et al. v. Jansen, 128 Ill. 549 , 21 N. E. 598 .

11917–1917

Where else courts name it

OH 74 (1969–2026) WI 53 (1982–2026) NY 49 (1863–2023) IL 46 (1842–2026) CA 45 (1867–2024) TX 40 (1866–2025) PA 39 (1921–2026) FL 25 (1907–2019) LA 24 (1912–2023) CO 22 (1970–2025) NJ 22 (1951–2019) OR 20 (1946–2016) IA 19 (1889–2020) MS 19 (1873–2006) CT 18 (1913–2022) TN 17 (1882–2009) MI 17 (1890–2022) WA 17 (1894–2023) MO 15 (1896–1997) AR 15 (1912–2025) AL 14 (1859–2025) NM 13 (1893–2024) MD 13 (1964–2016) GA 12 (1915–2002) MA 11 (1977–2016) DE 11 (1924–2024) VA 11 (1902–2019) SC 10 (1882–2019) DC 10 (1970–2012) OK 10 (1917–2009) WV 9 (1893–2026) MT 9 (1935–2009) NC 9 (1901–1998) KS 9 (1914–2015) IN 8 (1894–2014) KY 8 (1936–2023) MN 7 (1971–2017) ME 7 (1935–2014) NE 5 (1912–1985) HI 5 (1970–2012) WY 4 (1988–2018) AZ 4 (1966–2014) NV 4 (2010–2020) ND 4 (1925–2011) VT 3 (1916–2022) UT 3 (1883–2007) RI 2 (1901–2011) SD 2 (1897–1951) AK 2 (1992–1992) PR 2 (1951–1972) NH 2 (1993–2014)

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.

← Caselaw search · G Cite Topics · Brief Check