59 Oklahoma opinions name it 3 courts 1896–2011 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.
| Case | Followed | Cited |
|---|---|---|
Carter v. Stategreen2 sentences1977In Schapansky v. State, Okl.Cr., 478 P.2d 912 , this Court held that where defense counsel is not satisfied with instructions that are given, or desires the trial court to give a particular instruction, or to more definitely or sufficiently state any propositions embraced in the instructions, it is the duty of defense counsel to prepare and present to the trial court such desired instructions and request that they be given and in the absence of such a request this Court will not reverse a case of instructions generally cover the subject matter of inquiry. 1977In Schapansky v. State, Okl.Cr., 478 P.2d 912 , this Court held that where defense counsel is not satisfied with instructions that are given, or desires the trial court to give a particular instruction, or to more definitely or sufficiently state any propositions embraced in the instructions, it is the duty of defense counsel to prepare and present to the trial court such desired instructions and request that they be given and in the absence of such a request this Court will not reverse a case of instructions generally cover the subject matter of inquiry. | 6 | 21 |
Maghe v. Stategreen2 sentences1987This Court has repeatedly held that upon the failure to “submit requested instructions, and where the instruction given adequately covered the subject matter of inquiry, any error was waived.” Maghe v. State, 620 P.2d 433, 436 (Okl.Cr.1980). 1985This Court has held that “where a defendant' fails to object to instructions given and does not submit requested instructions, and where the instruction given adequately covered the subject matter of inquiry, any error was waived.” Maghe v. State, 620 P.2d 433, 436 (Okl.Cr.1980). | 3 | 9 |
Luckey v. Stategreen2 sentences1991Luckey v. State, 529 P.2d 994 (Okl.Cr. 1974). 1985If the instructions generally cover the subject matter of inquiry and there is no fundamental error, this Court will not reverse the cause for want of a particular instruction Barnhart, supra, citing Luckey v. State, 529 P.2d 994 (Okl.Cr.1974) and Nubine v. State, 506 P.2d 952 (Okl.Cr.1973). | 3 | 6 |
Battles v. Stategreen2 sentences1990Battles v. State, 732 P.2d 480, 482 (Okl.Cr.1987); Maghe v. State, 620 P.2d 433, 436 (Okl.Cr.1980); Kelsey v. State, 569 P.2d 1028, 1031 (Okl.Cr.1977). 1988As a general proposition, we agree that “[wjhere the appellant fails to object to instructions given and does not submit requested instructions, and where the instructions given adequately covered the subject matter of inquiry, any error was waived.” Battles v. State, 732 P.2d 480, 482 (Okla.Crim.App.1987) (emphasis added). | 2 | 3 |
Moreau v. Stategreen2 sentences1978See, Moreau v. State, Okl.Cr., 530 P.2d 1061 (1975), and Bryant v. State, Okl.Cr., 521 P.2d 402 (1974). 1976Moreau v. State, Okl.Cr., 530 P.2d 1061 (1975). | 2 | 3 |
Bryant v. Stategreen2 sentences1978See, Moreau v. State, Okl.Cr., 530 P.2d 1061 (1975), and Bryant v. State, Okl.Cr., 521 P.2d 402 (1974). 1976See Moreau v. State, Okl.Cr., 530 P.2d 1061 , and Bryant v. State, Okl.Cr., 521 P.2d 402 . | 2 | 2 |
Kelsey v. Stategreen2 sentences1990Battles v. State, 732 P.2d 480, 482 (Okl.Cr. 1987); Maghe v. State, 620 P.2d 433, 436 (Okl.Cr. 1980); Kelsey v. State, 569 P.2d 1028, 1031 (Okl.Cr. 1977). 1990Battles v. State, 732 P.2d 480, 482 (Okl.Cr.1987); Maghe v. State, 620 P.2d 433, 436 (Okl.Cr.1980); Kelsey v. State, 569 P.2d 1028, 1031 (Okl.Cr.1977). | 1 | 2 |
Perfect Investments, Inc. v. Underwriters at Lloyd's, Londongreen1 sentence2011See Perfect Invs., Inc. v. Underwriters at Lloyd's, London, 1989 OK 148, n. 1 , 782 P.2d 982 . | 1 | 1 |
Russell v. Stategreen1 sentence1991Russell v. State, 763 P.2d 1180, 1182 (Okl.Cr.1988). | 1 | 1 |
Geary v. Stategreen1 sentence1987See Geary, supra, at 693 . | 1 | 1 |
Tedder v. Stategreen1 sentence1977See, Tedder v. State, Okl.Cr., 540 P.2d 582 (1975). | 1 | 1 |
Vester v. Stategreen2 sentences1977See also Vester v. State, 76 Okl.Cr. 235 , 136 P.2d 205 . 1977See also Vester v. State, 76 Okl.Cr. 235 , 136 P.2d 205 . | 1 | 1 |
Tillman v. Stategreen1 sentence1975See, Tillman v. State, Okl.Cr., 490 P.2d 1369 (1971), and Schapansky v. State, Okl.Cr., 478 P.2d 912 (1971). | 1 | 1 |
Raper v. Stategreen1 sentence1974See Raper v. State, Okl.Cr., 501 P.2d 847 (1972). | 1 | 1 |
Webb v. Stategreen1 sentence1974See Schapansky v. State, Okl.Cr., 478 P.2d 912 , and Webb v. State, Okl.Cr., 520 P.2d 825 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
West v. State
green
2 sentences1985West v. State, 617 P.2d 1362 (Okl.Cr. 1980). 1983West v. State, 617 P.2d 1362 (Okl.Cr. 1980). | 2 | 1983–1985 |
Perry v. State
neutral
2 sentences1962But at no time in the proceedings did the defendant follow the procedure set forth in Perry v. State, 94 Okl.Cr. 347 , 235 P.2d 963 , as follows: “Where counsel are dissatisfied with instructions that are given, or desire the court to give any particular instruction, or to more definitely or sufficiently state any propositions embraced in the instructions, it is the duty of counsel to prepare and present to the court such desired instruction and request that it be given, and in the absence of such request this court will not reverse the case where the instructions generally cover the subject m 1962But at no time in the proceedings did the defendant follow the procedure set forth in Perry v. State, 94 Okl.Cr. 347 , 235 P.2d 963 , as follows: “Where counsel are dissatisfied with instructions that are given, or desire the court to give any particular instruction, or to more definitely or sufficiently state any propositions embraced in the instructions, it is the duty of counsel to prepare and present to the court such desired instruction and request that it be given, and in the absence of such request this court will not reverse the case where the instructions generally cover the subject m | 2 | 1961–1962 |
Nubine v. State
green
1 sentence1985If the instructions generally cover the subject matter of inquiry and there is no fundamental error, this Court will not reverse the cause for want of a particular instruction Barnhart, supra, citing Luckey v. State, 529 P.2d 994 (Okl.Cr.1974) and Nubine v. State, 506 P.2d 952 (Okl.Cr.1973). | 1 | 1985–1985 |
Barnhart v. State
green
1 sentence1985If the instructions generally cover the subject matter of inquiry and there is no fundamental error, this Court will not reverse the cause for want of a particular instruction Barnhart, supra, citing Luckey v. State, 529 P.2d 994 (Okl.Cr.1974) and Nubine v. State, 506 P.2d 952 (Okl.Cr.1973). | 1 | 1985–1985 |
Holloway v. State
green
1 sentence1979In Holloway v. State, Okl.Cr., 550 P.2d 1352 (1976), we held that if defense counsel is not satisfied with the instructions to be given or desires the trial court to give particular instructions, or to more definitely or sufficiently state any proposition embraced within proposed instructions, it is his duty to prepare and present such desired instructions to the trial court and request they be given; and in the absence of such a request this Court will not reverse a case if the instructions generally cover the subject matter of inquiry. | 1 | 1979–1979 |
Clark v. State
neutral
1 sentence1971Schanpansky v. State, Okl.Cr., 478 P.2d 912 ; Carter v. State, Okl.Cr., 376 P.2d 351 ; Clark v. State, Okl.Cr., 383 P.2d 236 ; Wolf v. State, Okl.Cr., 375 P.2d 283 ; Buie v. State, Okl.Cr., 368 P.2d 663 . | 1 | 1971–1971 |
Wolf v. State
green
1 sentence1971Schanpansky v. State, Okl.Cr., 478 P.2d 912 ; Carter v. State, Okl.Cr., 376 P.2d 351 ; Clark v. State, Okl.Cr., 383 P.2d 236 ; Wolf v. State, Okl.Cr., 375 P.2d 283 ; Buie v. State, Okl.Cr., 368 P.2d 663 . | 1 | 1971–1971 |
Buie v. State
neutral
1 sentence1971Schanpansky v. State, Okl.Cr., 478 P.2d 912 ; Carter v. State, Okl.Cr., 376 P.2d 351 ; Clark v. State, Okl.Cr., 383 P.2d 236 ; Wolf v. State, Okl.Cr., 375 P.2d 283 ; Buie v. State, Okl.Cr., 368 P.2d 663 . | 1 | 1971–1971 |
Carter v. State
green
1 sentence1971Schanpansky v. State, Okl.Cr., 478 P.2d 912 ; Carter v. State, Okl.Cr., 376 P.2d 351 ; Clark v. State, Okl.Cr., 383 P.2d 236 ; Wolf v. State, Okl.Cr., 375 P.2d 283 ; Buie v. State, Okl.Cr., 368 P.2d 663 . | 1 | 1971–1971 |
Maxwell v. State
green
1 sentence1962But at no time in the proceedings did the defendant follow the procedure set forth in Perry v. State, 94 Okl.Cr. 347 , 235 P.2d 963 , as follows: “Where counsel are dissatisfied with instructions that are given, or desire the court to give any particular instruction, or to more definitely or sufficiently state any propositions embraced in the instructions, it is the duty of counsel to prepare and present to the court such desired instruction and request that it be given, and in the absence of such request this court will not reverse the case where the instructions generally cover the subject m | 1 | 1962–1962 |
Bayouth v. State
green
1 sentence1961Bayouth v. State, Okl.Cr., 294 P.2d 856 . | 1 | 1961–1961 |
Washita Valley Grain Co. v. McElroy
neutral
1 sentence1960Washita Valley Grain Co. v. Mc-Elroy, Okl., 262 P.2d 133 , opinion of patrolman that plaintiff was not negligent; Wade v. Wolf, Okl., 312 P.2d 493 , testimony of patrolman that he found no improper action on part of defendant, and Maben v. Lee, Okl., 260 P.2d 1064, 1065 , opinion of patrolman that collision was caused by defendant. | 1 | 1960–1960 |
Wade v. Wolf
neutral
1 sentence1960Washita Valley Grain Co. v. Mc-Elroy, Okl., 262 P.2d 133 , opinion of patrolman that plaintiff was not negligent; Wade v. Wolf, Okl., 312 P.2d 493 , testimony of patrolman that he found no improper action on part of defendant, and Maben v. Lee, Okl., 260 P.2d 1064, 1065 , opinion of patrolman that collision was caused by defendant. | 1 | 1960–1960 |
Maben v. Lee
green
1 sentence1960Washita Valley Grain Co. v. Mc-Elroy, Okl., 262 P.2d 133 , opinion of patrolman that plaintiff was not negligent; Wade v. Wolf, Okl., 312 P.2d 493 , testimony of patrolman that he found no improper action on part of defendant, and Maben v. Lee, Okl., 260 P.2d 1064, 1065 , opinion of patrolman that collision was caused by defendant. | 1 | 1960–1960 |
| Tibbets & Pleasant, Inc. v. Cook neutral | 1 | 1952–1952 |
Oklahoma Gas & Electric Co. v. Oliphant
green
2 sentences1952In the case of Oklahoma Gas & Electric Co. v. Oliphant, 172 Okla. 635 , 45 P. 2d 1077 , this court quoted with approval, Joyce on Evidence, §367, p. 459, wherein the general rule on opinion evidence is stated, as follows: “Where the subject under investigation is unfamiliar to the jury, or even to the judge, there would be no adequate mode of arriving at any satisfactory conclusion if expert testimony were rejected; and in recognition of this fact the courts have adopted the rule of admitting opinions of witnesses whenever the subject-matter of inquiry is such that inexperienced persons are un 1952In the case of Oklahoma Gas & Electric Co. v. Oliphant, 172 Okla. 635 , 45 P. 2d 1077 , this court quoted with approval, Joyce on Evidence, §367, p. 459, wherein the general rule on opinion evidence is stated, as follows: “Where the subject under investigation is unfamiliar to the jury, or even to the judge, there would be no adequate mode of arriving at any satisfactory conclusion if expert testimony were rejected; and in recognition of this fact the courts have adopted the rule of admitting opinions of witnesses whenever the subject-matter of inquiry is such that inexperienced persons are un | 1 | 1952–1952 |
| Tindall v. State green | 1 | 1945–1945 |
| State v. . Gates green | 1 | 1945–1945 |
| Huff v. Territory of Oklahoma green | 1 | 1944–1944 |
| Clark v. State neutral | 1 | 1944–1944 |
| Mayor of Baltimore v. Mattern neutral | 1 | 1931–1931 |
| Loeb v. Davidson neutral | 1 | 1931–1931 |
| Phenix Fire Ins. v. Virginia-Western Power Co. green | 1 | 1931–1931 |
| Herrell v. State neutral | 1 | 1913–1913 |
| United States v. Atherton neutral | 1 | 1896–1896 |
| Vance v. Burbank green | 1 | 1896–1896 |
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.