7 Oklahoma opinions name it 1 courts 1997–2024 6 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 |
|---|---|---|
PARKER v. STATEgreen2 sentences2024See Parker v. State, 2021 OK CR 17 495 P.3d 653 ¶4 Appellant's burden was to meet the Rogers test prima facie evidence that he has some Indian blood and that he was recognized as an Indian by a tribe or the federal government." Id. , 2021 OK CR 17 State v. Klindt, 1989 OK CR 75 782 P.2d 401 Id . ¶5 Prima facie evidence is that which is "good and sufficient on its face, i.e., sufficient to establish a given fact . . . and which if not rebutted or contradicted, will remain sufficient to sustain a judgment in favor of the issue which it supports." Wadkins v. State , 2022 OK CR 2 504 P.3d 605 ¶6 A 2024See Parker v. State, 2021 OK CR 17 495 P.3d 653 ¶4 Appellant's burden was to meet the Rogers test prima facie evidence that he has some Indian blood and that he was recognized as an Indian by a tribe or the federal government." Id. , 2021 OK CR 17 State v. Klindt, 1989 OK CR 75 782 P.2d 401 Id . ¶5 Prima facie evidence is that which is "good and sufficient on its face, i.e., sufficient to establish a given fact . . . and which if not rebutted or contradicted, will remain sufficient to sustain a judgment in favor of the issue which it supports." Wadkins v. State , 2022 OK CR 2 504 P.3d 605 ¶6 A | 4 | 4 |
State v. Klindtgreen2 sentences2024See Parker v. State, 2021 OK CR 17 495 P.3d 653 ¶4 Appellant's burden was to meet the Rogers test prima facie evidence that he has some Indian blood and that he was recognized as an Indian by a tribe or the federal government." Id. , 2021 OK CR 17 State v. Klindt, 1989 OK CR 75 782 P.2d 401 Id . ¶5 Prima facie evidence is that which is "good and sufficient on its face, i.e., sufficient to establish a given fact . . . and which if not rebutted or contradicted, will remain sufficient to sustain a judgment in favor of the issue which it supports." Wadkins v. State , 2022 OK CR 2 504 P.3d 605 ¶6 A 2024See Parker v. State, 2021 OK CR 17 495 P.3d 653 ¶4 Appellant's burden was to meet the Rogers test prima facie evidence that he has some Indian blood and that he was recognized as an Indian by a tribe or the federal government." Id. , 2021 OK CR 17 State v. Klindt, 1989 OK CR 75 782 P.2d 401 Id . ¶5 Prima facie evidence is that which is "good and sufficient on its face, i.e., sufficient to establish a given fact . . . and which if not rebutted or contradicted, will remain sufficient to sustain a judgment in favor of the issue which it supports." Wadkins v. State , 2022 OK CR 2 504 P.3d 605 ¶6 A | 3 | 3 |
WADKINS v. STATEgreen2 sentences2024See Parker v. State, 2021 OK CR 17 495 P.3d 653 ¶4 Appellant's burden was to meet the Rogers test prima facie evidence that he has some Indian blood and that he was recognized as an Indian by a tribe or the federal government." Id. , 2021 OK CR 17 State v. Klindt, 1989 OK CR 75 782 P.2d 401 Id . ¶5 Prima facie evidence is that which is "good and sufficient on its face, i.e., sufficient to establish a given fact . . . and which if not rebutted or contradicted, will remain sufficient to sustain a judgment in favor of the issue which it supports." Wadkins v. State , 2022 OK CR 2 504 P.3d 605 ¶6 A 2024See Parker v. State, 2021 OK CR 17 495 P.3d 653 ¶4 Appellant's burden was to meet the Rogers test prima facie evidence that he has some Indian blood and that he was recognized as an Indian by a tribe or the federal government." Id. , 2021 OK CR 17 State v. Klindt, 1989 OK CR 75 782 P.2d 401 Id . ¶5 Prima facie evidence is that which is "good and sufficient on its face, i.e., sufficient to establish a given fact . . . and which if not rebutted or contradicted, will remain sufficient to sustain a judgment in favor of the issue which it supports." Wadkins v. State , 2022 OK CR 2 504 P.3d 605 ¶6 A | 2 | 2 |
McGirt v. Oklahomagreen2 sentences2024United States v. Rogers , 45 U.S. 567 (1846); see also Wadkins v. State , 2022 OK CR 2 504 P.3d 605 Parker v. State , 2021 OK CR 17 495 P.3d 653 McGirt , 591 U.S. at 967-68 (Roberts, C.J., dissenting). 2024United States v. Rogers , 45 U.S. 567 (1846); see also Wadkins v. State , 2022 OK CR 2 504 P.3d 605 Parker v. State , 2021 OK CR 17 495 P.3d 653 McGirt , 591 U.S. at 967-68 (Roberts, C.J., dissenting). | 1 | 1 |
United States v. Diazgreen2 sentences2022Diaz, 679 F.3d at 1187. 2022Diaz, 679 F.3d at 1187 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Rogers
green
2 sentences2022HUDSON, V.P.J.: Specially Concur LUMPKIN, J.: Concur in Results LEWIS, J.: Concur FOOTNOTES Sizemore v. State, 2021 OK CR 6 485 P.3d 867 Rogers test because it is derived from United States v. Rogers, 45 U.S. 567 (1846) (holding a white man could not become an Indian despite the man's adoption into the Cherokee Indian Tribe). 2022HUDSON, V.P.J.: Specially Concur LUMPKIN, J.: Concur in Results LEWIS, J.: Concur FOOTNOTES Sizemore v. State, 2021 OK CR 6 485 P.3d 867 Rogers test because it is derived from United States v. Rogers, 45 U.S. 567 (1846) (holding a white man could not become an Indian despite the man's adoption into the Cherokee Indian Tribe). | 3 | 2021–2024 |
BARKUS v. STATE
green
2 sentences2024Barkus , 2024 OK CR 25 Barkus involved a Seminole Freedman in the Muscogee Creek Nation (Hughes County), the outcome of the case would be unchanged if the crime occurred in the Seminole Indian Reservation because the defendant would still fail to meet the Rogers test. 2024Barkus , 2024 OK CR 25 Barkus involved a Seminole Freedman in the Muscogee Creek Nation (Hughes County), the outcome of the case would be unchanged if the crime occurred in the Seminole Indian Reservation because the defendant would still fail to meet the Rogers test. | 1 | 2024–2024 |
SIZEMORE v. STATE
green
2 sentences2022HUDSON, V.P.J.: Specially Concur LUMPKIN, J.: Concur in Results LEWIS, J.: Concur FOOTNOTES Sizemore v. State, 2021 OK CR 6 485 P.3d 867 Rogers test because it is derived from United States v. Rogers, 45 U.S. 567 (1846) (holding a white man could not become an Indian despite the man's adoption into the Cherokee Indian Tribe). 2022HUDSON, V.P.J.: Specially Concur LUMPKIN, J.: Concur in Results LEWIS, J.: Concur FOOTNOTES Sizemore v. State, 2021 OK CR 6 485 P.3d 867 Rogers test because it is derived from United States v. Rogers, 45 U.S. 567 (1846) (holding a white man could not become an Indian despite the man's adoption into the Cherokee Indian Tribe). | 1 | 2022–2022 |
Castro v. State of Oklahoma
green
2 sentences1997Rogers’s Sixth and Eighth Amendment rights were violated by the lack of an investigation into his personal and family medical history to be presented at trial and the information from those sources is indicative of the problems Rogers suffered from and the medically predictable consequences of those problems should have been considered by the jury before they sentenced Rogers to death. [Rogers claims this issue was not raised due to Oklahoma case law at the time of direct appeal but claims the issue is not waived because Castro v. Oklahoma, 71 F.3d 1502 (10th Cir.1995) is persuasive authority. 1997Rogers's Sixth and Eighth Amendment rights were violated by the lack of an investigation into his personal and family medical history to be presented at trial and the information from those sources is indicative of the problems Rogers suffered from and the medically predictable consequences of those problems should have been considered by the jury before they sentenced Rogers to death. [Rogers claims this issue was not raised due to Oklahoma case law at the time of direct appeal but claims the issue is not waived because Castro v. Oklahoma, 71 F.3d 1502 (10th Cir.1995) is persuasive authority. | 1 | 1997–1997 |
Walker v. State
red
1 sentence1997Rogers did not include this claim of ineffective assistance of counsel anywhere in his Application for Post-Conviction Relief, and the allegation contained in his brief is not properly before us. [19] Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 (1964), established a defendant's right to an in camera hearing on the voluntariness of his confession. [20] 22 O.S.Supp.1995, § 1089(D)(4)(b)(1). [21] Walker, 933 P.2d at 333 sets forth the three tiered procedural scheme under which we review these claims. | 1 | 1997–1997 |
Jackson v. Denno
green
2 sentences1997Rogers did not include this claim of ineffective assistance of counsel anywhere in his Application for Post-Conviction Relief, and the allegation contained in his brief is not properly before us. [19] Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 (1964), established a defendant's right to an in camera hearing on the voluntariness of his confession. [20] 22 O.S.Supp.1995, § 1089(D)(4)(b)(1). [21] Walker, 933 P.2d at 333 sets forth the three tiered procedural scheme under which we review these claims. 1997Rogers did not include this claim of ineffective assistance of counsel anywhere in his Application for Post-Conviction Relief, and the allegation contained in his brief is not properly before us. [19] Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 (1964), established a defendant's right to an in camera hearing on the voluntariness of his confession. [20] 22 O.S.Supp.1995, § 1089(D)(4)(b)(1). [21] Walker, 933 P.2d at 333 sets forth the three tiered procedural scheme under which we review these claims. | 1 | 1997–1997 |
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.