mental anguish requirement (Oklahoma) · Go Syfert
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mental anguish requirement in Oklahoma

6 Oklahoma opinions name it 2 courts 1911–2018 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 (3)

CaseFollowedCited
Hamilton v. Stategreen
oklacrimapp · 1997 · cited in 2 Oklahoma opinions naming this issue, 2009–2011
2 sentences

2011See Jones v. State, 2009 OK CR 1, ¶ 80 , 201 P.3d 869, 889 , cert. denied, -- U.S. --, 130 S.Ct. 237 , 175 L.Ed.2d 163 (2009) (evidence sufficient to support aggravator where unarmed victim was fatally shot after witnessing the shooting of his friends and his sister); Hancock v. State, 2007 OK CR 9, ¶ 121 , 155 P.3d 796, 824 (evidence sufficient to support aggravator where unarmed victim witnessed shooting of friend and was fatally shot while attempting to help friend); Hamilton v. State, 1997 OK CR 14, ¶ 56 , 937 P.2d 1001, 1014 (evidence of aggravator held sufficient where four employees mad

2011See Jones v. State, 2009 OK CR 1, ¶ 80 , 201 P.3d 869, 889 , cert. denied, -- U.S. --, 130 S.Ct. 237 , 175 L.Ed.2d 163 (2009) (evidence sufficient to support aggravator where unarmed victim was fatally shot after witnessing the shooting of his friends and his sister); Hancock v. State, 2007 OK CR 9, ¶ 121 , 155 P.3d 796, 824 (evidence sufficient to support aggravator where unarmed victim witnessed shooting of friend and was fatally shot while attempting to help friend); Hamilton v. State, 1997 OK CR 14, ¶ 56 , 937 P.2d 1001, 1014 (evidence of aggravator held sufficient where four employees mad

22
Hancock v. Stategreen
oklacrimapp · 2007 · cited in 2 Oklahoma opinions naming this issue, 2009–2011
2 sentences

2011See Jones v. State, 2009 OK CR 1, ¶ 80 , 201 P.3d 869, 889 , cert. denied, -- U.S. --, 130 S.Ct. 237 , 175 L.Ed.2d 163 (2009) (evidence sufficient to support aggravator where unarmed victim was fatally shot after witnessing the shooting of his friends and his sister); Hancock v. State, 2007 OK CR 9, ¶ 121 , 155 P.3d 796, 824 (evidence sufficient to support aggravator where unarmed victim witnessed shooting of friend and was fatally shot while attempting to help friend); Hamilton v. State, 1997 OK CR 14, ¶ 56 , 937 P.2d 1001, 1014 (evidence of aggravator held sufficient where four employees mad

2011See Jones v. State, 2009 OK CR 1, ¶ 80 , 201 P.3d 869, 889 , cert. denied, -- U.S. --, 130 S.Ct. 237 , 175 L.Ed.2d 163 (2009) (evidence sufficient to support aggravator where unarmed victim was fatally shot after witnessing the shooting of his friends and his sister); Hancock v. State, 2007 OK CR 9, ¶ 121 , 155 P.3d 796, 824 (evidence sufficient to support aggravator where unarmed victim witnessed shooting of friend and was fatally shot while attempting to help friend); Hamilton v. State, 1997 OK CR 14, ¶ 56 , 937 P.2d 1001, 1014 (evidence of aggravator held sufficient where four employees mad

22
Jones v. Stategreen
oklacrimapp · 2009 · cited in 1 Oklahoma opinions naming this issue, 2011–2011
2 sentences

2011See Jones v. State, 2009 OK CR 1, ¶ 80 , 201 P.3d 869, 889 , cert. denied, -- U.S. --, 130 S.Ct. 237 , 175 L.Ed.2d 163 (2009) (evidence sufficient to support aggravator where unarmed victim was fatally shot after witnessing the shooting of his friends and his sister); Hancock v. State, 2007 OK CR 9, ¶ 121 , 155 P.3d 796, 824 (evidence sufficient to support aggravator where unarmed victim witnessed shooting of friend and was fatally shot while attempting to help friend); Hamilton v. State, 1997 OK CR 14, ¶ 56 , 937 P.2d 1001, 1014 (evidence of aggravator held sufficient where four employees mad

2011See Jones v. State, 2009 OK CR 1, ¶ 80 , 201 P.3d 869, 889 , cert. denied, -- U.S. --, 130 S.Ct. 237 , 175 L.Ed.2d 163 (2009) (evidence sufficient to support aggravator where unarmed victim was fatally shot after witnessing the shooting of his friends and his sister); Hancock v. State, 2007 OK CR 9, ¶ 121 , 155 P.3d 796, 824 (evidence sufficient to support aggravator where unarmed victim witnessed shooting of friend and was fatally shot while attempting to help friend); Hamilton v. State, 1997 OK CR 14, ¶ 56 , 937 P.2d 1001, 1014 (evidence of aggravator held sufficient where four employees mad

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 (4)

CaseCitedYears
Postelle v. State green
oklacrimapp · 2011
2 sentences

2018Postelle , 2011 OK CR 30 , ¶ 83, 267 P.3d at 144 .

2018Postelle , 2011 OK CR 30 , ¶ 83, 267 P.3d at 144 .

22018–2018
Alverson v. State green
oklacrimapp · 1999
2 sentences

2011See Jones v. State, 2009 OK CR 1, ¶ 80 , 201 P.3d 869, 889 , cert. denied, -- U.S. --, 130 S.Ct. 237 , 175 L.Ed.2d 163 (2009) (evidence sufficient to support aggravator where unarmed victim was fatally shot after witnessing the shooting of his friends and his sister); Hancock v. State, 2007 OK CR 9, ¶ 121 , 155 P.3d 796, 824 (evidence sufficient to support aggravator where unarmed victim witnessed shooting of friend and was fatally shot while attempting to help friend); Hamilton v. State, 1997 OK CR 14, ¶ 56 , 937 P.2d 1001, 1014 (evidence of aggravator held sufficient where four employees mad

2011See Jones v. State, 2009 OK CR 1, ¶ 80 , 201 P.3d 869, 889 , cert. denied, -- U.S. --, 130 S.Ct. 237 , 175 L.Ed.2d 163 (2009) (evidence sufficient to support aggravator where unarmed victim was fatally shot after witnessing the shooting of his friends and his sister); Hancock v. State, 2007 OK CR 9, ¶ 121 , 155 P.3d 796, 824 (evidence sufficient to support aggravator where unarmed victim witnessed shooting of friend and was fatally shot while attempting to help friend); Hamilton v. State, 1997 OK CR 14, ¶ 56 , 937 P.2d 1001, 1014 (evidence of aggravator held sufficient where four employees mad

12011–2011
Western Union Telegraph Co. v. Hogue neutral
ark · 1906
1 sentence

1924Co. v. Hogue (Ark.) 94 S. W. 924 , is cited in the brief of the defendant company in support of its contention that section 4951, supra, appears to have been copied from a statute of that state; that its enactment does not give any new meaning to the mental anguish doctrine, but adopts that doctrine with all its limitations as expressed in the decisions of the courts in those jurisdictions where mental anguish damages have been previously recognized.

11924–1924
Kennon v. Gilmer green
scotus · 1889
1 sentence

1911It is necessary, therefore, for the court to give the statute a reasonable construction, attempting to carry out the design of the Legislature in putting in force an. element of damages for mental anguish and suffering, for negligence in receiving, transmitting, or delivering messages, and not be bound by the *684 vagaries and inconsistencies which prevail in jurisdictions where it obtains by judicial construction.” The Supreme Court of the United' States has not squarely passed upon the question in a telegraph case, but the rule in that court is clearly indicated by the following quotation fr

11911–1911

Statutes the citing opinions construe

OK § Okla. Stat. tit. 12, § 2401 (4) OK § Okla. Stat. tit. 12, § 2403 (4) OK § Okla. Stat. tit. 21, § 701.13 (4) OK § Okla. Stat. tit. 21, § 701.7 (4)

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.

Where else courts name it

TX 17 (1909–2022) OK 6 (1911–2018) LA 5 (1990–2020) AR 4 (1907–1961) AL 3 (2001–2003) NY 2 (2013–2013)

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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