doctrines claim (Oklahoma) · Go Syfert
← Oklahoma issues

doctrines claim in Oklahoma

7 Oklahoma opinions name it 3 courts 1993–2018 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 (2)

CaseFollowedCited
Ingram v. Ingramgreen
oklacivapp · 1991 · cited in 2 Oklahoma opinions naming this issue, 2003–2003
2 sentences

2003Cf. Ingram v. Ingram, 1991 OK CIV APP 62, ¶ 7 , 814 P.2d 1052, 1054 (because the trial court has continuing jurisdiction *80 over matters of child custody and visitation and best interests of minor children are not "fixed and immutable," second application for grandparental visitation was not barred). ¶ 7 Courts in other jurisdictions also have declined to apply the doctrines of claim and issue preclusion in termination of parental rights proceedings.

2003Cf. Ingram v. Ingram, 1991 OK CIV APP 62, ¶ 7 , 814 P.2d 1052, 1054 (because the trial court has continuing jurisdiction *80 over matters of child custody and visitation and best interests of minor children are not "fixed and immutable," second application for grandparental visitation was not barred). ¶ 7 Courts in other jurisdictions also have declined to apply the doctrines of claim and issue preclusion in termination of parental rights proceedings.

22
Mann v. Stategreen
oklacrimapp · 1993 · cited in 1 Oklahoma opinions naming this issue, 1994–1994
1 sentence

1994Mann v. State, 856 P.2d 992, 994 (Okl.Cr.1993); Banks v. State, 810 P.2d 1286 (Okl.Cr.1991).

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 (5)

CaseCitedYears
State v. Angela W. green
nebctapp · 2002
2 sentences

2003In In re Marcus W., 11 Neb.App. 313 , 649 N.W.2d 899 (2002), the state sought to terminate a mother's parental rights because she had failed to protect her children and to make sufficient progress despite intervention.

2003In In re Marcus W., 11 Neb.App. 313 , 649 N.W.2d 899 (2002), the state sought to terminate a mother's parental rights because she had failed to protect her children and to make sufficient progress despite intervention.

22003–2003
Banks v. State green
oklacrimapp · 1991
2 sentences

1994Mann v. State, 856 P.2d 992, 994 (Okl.Cr.1993); Banks v. State, 810 P.2d 1286 (Okl.Cr.1991).

1993Banks v. State, 810 P.2d 1286 (Okl.Cr.1991).

21993–1994
Chicago, Rock Island & Pacific R. Co. v. State green
okla · 1950
2 sentences

2018We disagree. ¶11 The Commission may exercise legislative, judicial, or executive power. 19 When it exercises judicial power, the Commission is functionally a court of record, and judicial doctrines such as res judicata are applicable. 20 When it exercises legislative power, however, res judicata is not applicable. 21 Findings of fact or rules of law stated in a legislative proceeding have no preclusive effect. 22 For example, in Chicago , R.I . &P.R.Co . v. State , 1950 OK 297 , ¶ 1, 203 Okla. 659 , 225 P.2d 363 , the Commission issued a final order denying an application that sought to establ

2018We disagree. ¶11 The Commission may exercise legislative, judicial, or executive power. 19 When it exercises judicial power, the Commission is functionally a court of record, and judicial doctrines such as res judicata are applicable. 20 When it exercises legislative power, however, res judicata is not applicable. 21 Findings of fact or rules of law stated in a legislative proceeding have no preclusive effect. 22 For example, in Chicago , R.I . &P.R.Co . v. State , 1950 OK 297 , ¶ 1, 203 Okla. 659 , 225 P.2d 363 , the Commission issued a final order denying an application that sought to establ

12018–2018
Metallo v. Musengo green
iowactapp · 1984
1 sentence

2000Id.

12000–2000
Castro v. State green
oklacrimapp · 1994
2 sentences

1995Castro, 880 P.2d at 388 .

1995Castro, 880 P.2d at 388 .

11995–1995

Where else courts name it

CA 54 (1919–2026) IL 51 (1960–2025) IN 29 (1986–2026) TX 21 (1968–2025) NY 19 (1938–2024) CO 18 (1971–2026) OR 14 (1994–2025) FL 14 (1963–2025) MO 14 (1965–2017) OH 12 (1997–2025) WI 11 (1966–2023) MS 11 (1960–2013) NE 11 (1889–2024) NC 9 (1973–2026) AR 8 (1969–2021) GA 8 (1959–2019) AZ 8 (1979–2023) WA 8 (1934–2026) PA 7 (1890–2016) OK 7 (1993–2018) MI 7 (1961–2020) MA 7 (1983–2025) UT 6 (1989–2025) ID 6 (1984–2025) WV 6 (1990–2026) CT 6 (1974–2005) MD 4 (1961–2001) NM 4 (1995–2021) SC 4 (2012–2023) WY 4 (1988–2019) MT 4 (1998–2021) ND 4 (1996–2022) NH 3 (1966–2003) TN 3 (1976–2012) KS 3 (1958–2019) DE 3 (2017–2022) VT 3 (2006–2019) NV 3 (1994–2013) HI 2 (2004–2012)

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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