should adopt test (Oklahoma) · Go Syfert
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should adopt test in Oklahoma

6 Oklahoma opinions name it 2 courts 1938–2016 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 (1)

CaseFollowedCited
Kinsey v. Stategreen
oklacrimapp · 1990 · cited in 2 Oklahoma opinions naming this issue, 2016–2016
2 sentences

2016Kinsey v. State , 1990 OK CR 64, ¶¶ 8-9, 798 P.2d 630, 632-33.

2016Kinsey v. State , 1990 OK CR 64 , ¶¶ 8-9, 798 P.2d 630, 632-33 .

12

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
Davis v. State green
oklacrimapp · 2011
2 sentences

2016This Court should adopt the test that I outlined in footnote 6 of Davis v. State , 2011 OK CR 29 , ¶ 101 n. 6, 268 P.3d 86 , 115 n. 6. 4 This Court has consistently held that a defendant is entitled to an instruction on his theory of defense where there is evidence to support it, as long as that theory is tenable as a matter of law.

2016This Court should adopt the test that I outlined in footnote 6 of Davis v. State , 2011 OK CR 29 , ¶ 101 n. 6, 268 P.3d 86 , 115 n. 6. 4 This Court has consistently held that a defendant is entitled to an instruction on his theory of defense where there is evidence to support it, as long as that theory is tenable as a matter of law.

22016–2016
In the Matter of Hiss green
mass · 1975
1 sentence

1993We categorically rejected taht argument and quoted the following from Hiss, 333 N.E.2d at 434 : "Such a harsh, unforgiving position is foreign to our system of reasonable, merciful justice.

11993–1993
Weber v. Armco, Inc. green
okla · 1983
1 sentence

1983This argument was rebuffed in Weber v. Armco, 54 OBJ 1267 (May 10, 1983) 663 P.2d 1221 (Okla.1983).

11983–1983
Martin Company v. Carpenter green
fla · 1961
2 sentences

1964Within my opinion and in an effort to avoid the absurd and dangerous consequences to accrue in the future from the majority opinion, this Court should adopt the rule stated in Martin Company v. Carpenter, (Fla.), 132 So.2d 400 : “We therefore adopt the rule that a false representation as to physical condition or health made by an employee in procuring employment will preclude the benefits of the Workmen’s Compensation Act for an otherwise compen-sable injury if there is shown to be a causal relationship between the injury and the false representation and if it is also shown that (1) the employ

1964Within my opinion and in an effort to avoid the absurd and dangerous consequences to accrue in the future from the majority opinion, this Court should adopt the rule stated in Martin Company v. Carpenter, (Fla.), 132 So.2d 400 : "We therefore adopt the rule that a false representation as to physical condition or health made by an employee in procuring employment will preclude the benefits of the Workmen's Compensation Act for an otherwise compensable injury if there is shown to be a casual relationship between the injury and the false representation and if it is also shown that (1) the employe

11964–1964
Sullivan Timber Co. v. Black green
ala · 1909
2 sentences

1938The trustee tabes the position that public utilities have no lien for such services as they render, and are only unsecured creditors as to accounts incurred prior to the receivership, and that to permit the payment of these bills would reduce the security pledged for the payment of the liens The receiver takes the position that these accounts were current operating expenses of the business, and that this court should adopt the rule set out in Sullivan Timber Co. v. Black, 159 Ala. 570 , 48 So. 870 -876, as follows: “* * * After a full examination of all the authorities, including textbooks, an

1938The trustee tabes the position that public utilities have no lien for such services as they render, and are only unsecured creditors as to accounts incurred prior to the receivership, and that to permit the payment of these bills would reduce the security pledged for the payment of the liens The receiver takes the position that these accounts were current operating expenses of the business, and that this court should adopt the rule set out in Sullivan Timber Co. v. Black, 159 Ala. 570 , 48 So. 870 -876, as follows: “* * * After a full examination of all the authorities, including textbooks, an

11938–1938

Where else courts name it

IL 11 (1978–2026) CT 10 (1996–2025) WA 9 (1923–2018) MI 6 (1978–2026) AL 6 (1986–2011) OK 6 (1938–2016) CA 5 (1975–2023) OR 5 (2010–2023) RI 4 (2002–2019) NY 4 (1867–2007) PA 4 (1976–2016) VA 4 (1954–2026) NM 3 (1989–1990) SC 3 (1943–2002) DE 3 (1996–2023) GA 3 (1992–2014) TX 3 (1980–2000) TN 3 (1982–2017) HI 3 (2010–2020) UT 3 (1992–2011) WI 3 (1959–1998) MT 3 (1991–2015) VT 2 (1987–2025) CO 2 (2015–2015) MN 2 (1993–2017) NC 2 (2004–2013) MS 2 (1994–2008) IA 2 (1965–2019) LA 2 (1962–1986) AR 2 (1989–2009) OH 2 (1980–2024)

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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