failure to preserve error (Oklahoma) · Go Syfert
← Oklahoma issues

failure to preserve error in Oklahoma

7 Oklahoma opinions name it 2 courts 2008–2024 2 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
Patterson v. Beallgreen
okla · 2000 · cited in 5 Oklahoma opinions naming this issue, 2008–2016
2 sentences

2016However, to the extent this issue appears to relate to an “alleged deprivation of due process of law” based on lack of notice, it is an exception to the general rule requiring eiTors to be raised to the trial court and such allegation may be reviewed “despite a failure to preserve error.” Patterson v. Beall, 2000 OK 92, ¶ 1 , 19 P.3d 839, 841 . ¶ 37 “’Notice by mail or other means as certain to ensure actual notice is a minimum constitutional precondition’ to the valid exercise of in personam jurisdiction at every critical stage of litigation.” (Italics in original.) Heiman v. Atlantic Richfie

2016However, to the extent this issue appears to relate to an “alleged deprivation of due process of law” based on lack of notice, it is an exception to the general rule requiring eiTors to be raised to the trial court and such allegation may be reviewed “despite a failure to preserve error.” Patterson v. Beall, 2000 OK 92, ¶ 1 , 19 P.3d 839, 841 . ¶ 37 “’Notice by mail or other means as certain to ensure actual notice is a minimum constitutional precondition’ to the valid exercise of in personam jurisdiction at every critical stage of litigation.” (Italics in original.) Heiman v. Atlantic Richfie

25
Wong Sun v. United Statesgreen
scotus · 1963 · cited in 1 Oklahoma opinions naming this issue, 2024–2024
1 sentence

2024Washington ¸ 2023 OK CR 22 Hogan v. State, 2006 OK CR 19 139 P.3d 907 Id . ¶7 As a general rule, a statement obtained through custodial interrogation after an illegal arrest should be excluded unless the chain of causation between the illegal arrest and the statement is sufficiently attenuated so that the confession was "sufficiently an act of free will to purge the primary taint." Wong Sun v. United States , 371 U.S. 471, 486 (1963).

11
Texas Oklahoma Express v. Sorensongreen
okla · 1982 · cited in 1 Oklahoma opinions naming this issue, 2008–2008
2 sentences

2008See, e.g., Texas Oklahoma Exp. v. Sorenson, 1982 OK 113, ¶ 12 , 652 P.2d 285, 289-290 . 4 Because we may review due process complaints despite a failure to preserve error below, because we analyze special law and due process complaints under the same standard, and because, in our view, the special law and due process complaints are so inextricably intertwined, we find the constitutionality of § 150 ripe for appellate review in the present case. ¶ 11 In Zeier , the defendant doctor in plaintiffs medical negligence action alleged plaintiffs failure to obtain and provide an expert’s affidavit of

2008See, e.g., Texas Oklahoma Exp. v. Sorenson, 1982 OK 113, ¶ 12 , 652 P.2d 285, 289-290 . 4 Because we may review due process complaints despite a failure to preserve error below, because we analyze special law and due process complaints under the same standard, and because, in our view, the special law and due process complaints are so inextricably intertwined, we find the constitutionality of § 150 ripe for appellate review in the present case. ¶ 11 In Zeier , the defendant doctor in plaintiffs medical negligence action alleged plaintiffs failure to obtain and provide an expert’s affidavit of

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 (6)

CaseCitedYears
WASHINGTON v. STATE green
oklacrimapp · 2023
2 sentences

2024Washington ¸ 2023 OK CR 22 Hogan v. State, 2006 OK CR 19 139 P.3d 907 Id . ¶7 As a general rule, a statement obtained through custodial interrogation after an illegal arrest should be excluded unless the chain of causation between the illegal arrest and the statement is sufficiently attenuated so that the confession was "sufficiently an act of free will to purge the primary taint." Wong Sun v. United States , 371 U.S. 471, 486 (1963).

2024Washington ¸ 2023 OK CR 22, ¶ 7 , 541 P.3d at 856 (citing Hogan v. State, 2006 OK CR 19, ¶ 38 , 139 P.3d 907, 923 ).

22024–2024
Hogan v. State green
oklacrimapp · 2006
2 sentences

2024Washington ¸ 2023 OK CR 22 Hogan v. State, 2006 OK CR 19 139 P.3d 907 Id . ¶7 As a general rule, a statement obtained through custodial interrogation after an illegal arrest should be excluded unless the chain of causation between the illegal arrest and the statement is sufficiently attenuated so that the confession was "sufficiently an act of free will to purge the primary taint." Wong Sun v. United States , 371 U.S. 471, 486 (1963).

2024Washington ¸ 2023 OK CR 22 Hogan v. State, 2006 OK CR 19 139 P.3d 907 Id . ¶7 As a general rule, a statement obtained through custodial interrogation after an illegal arrest should be excluded unless the chain of causation between the illegal arrest and the statement is sufficiently attenuated so that the confession was "sufficiently an act of free will to purge the primary taint." Wong Sun v. United States , 371 U.S. 471, 486 (1963).

22024–2024
Heiman v. Atlantic Richfield Co. green
okla · 1991
2 sentences

2016However, to the extent this issue appears to relate to an “alleged deprivation of due process of law” based on lack of notice, it is an exception to the general rule requiring eiTors to be raised to the trial court and such allegation may be reviewed “despite a failure to preserve error.” Patterson v. Beall, 2000 OK 92, ¶ 1 , 19 P.3d 839, 841 . ¶ 37 “’Notice by mail or other means as certain to ensure actual notice is a minimum constitutional precondition’ to the valid exercise of in personam jurisdiction at every critical stage of litigation.” (Italics in original.) Heiman v. Atlantic Richfie

2016However, to the extent this issue appears to relate to an “alleged deprivation of due process of law” based on lack of notice, it is an exception to the general rule requiring eiTors to be raised to the trial court and such allegation may be reviewed “despite a failure to preserve error.” Patterson v. Beall, 2000 OK 92, ¶ 1 , 19 P.3d 839, 841 . ¶ 37 “’Notice by mail or other means as certain to ensure actual notice is a minimum constitutional precondition’ to the valid exercise of in personam jurisdiction at every critical stage of litigation.” (Italics in original.) Heiman v. Atlantic Richfie

12016–2016
MANUFACTURERS GUILD, INC. v. City of Enid green
oklacivapp · 2010
2 sentences

2012Although raised for the first time on appeal, "[wle may review claims which relate to alleged deprivations of due process of law despite a failure to preserve error." Patterson v. Beall, 2000 OK 92, ¶ 1 , 19 P.3d 839, 841 ; Manufacturers Guild, Inc. v. City of Enid, 2010 OK CIV APP 87, ¶ 11 , 239 P.3d 986, 989 .

2012Although raised for the first time on appeal, "[wle may review claims which relate to alleged deprivations of due process of law despite a failure to preserve error." Patterson v. Beall, 2000 OK 92, ¶ 1 , 19 P.3d 839, 841 ; Manufacturers Guild, Inc. v. City of Enid, 2010 OK CIV APP 87, ¶ 11 , 239 P.3d 986, 989 .

12012–2012
In Re AM green
okla · 2000
2 sentences

2012"In passing upon a claim that the procedure used in a proceeding to terminate parental rights resulted in a denial of procedural due process, we review the issue de movo." Matter of A.M. & R.W., 2000 OK 82 , ¶ 6, 13 P.3d 484 , 487.

2012"In passing upon a claim that the procedure used in a proceeding to terminate parental rights resulted in a denial of procedural due process, we review the issue de movo." Matter of A.M. & R.W., 2000 OK 82 , ¶ 6, 13 P.3d 484 , 487.

12012–2012
Zeier v. Zimmer, Inc. green
okla · 2006
2 sentences

2008Supp.2003 § 1-1708.1E, subjecting plaintiffs case to dismissal. 2006 OK 98, ¶ 3 , 152 P.3d at 864 .

2008Supp.2003 § 1-1708.1E, subjecting plaintiffs case to dismissal. 2006 OK 98, ¶ 3 , 152 P.3d at 864 .

12008–2008

Where else courts name it

TX 56 (1985–2025) IA 18 (1932–2025) IL 15 (1976–2023) CT 12 (1991–2021) NV 10 (2018–2024) MO 9 (1979–2024) WA 8 (1995–2026) OK 7 (2008–2024) FL 6 (2005–2021) PA 6 (1988–2019) MA 5 (1996–2023) IN 4 (1990–2019) CA 4 (1992–2026) NM 3 (2001–2023) OH 3 (1986–2016) DC 2 (2024–2024) VA 2 (2001–2001) OR 2 (1997–2002) MI 2 (2015–2015)

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