utilized analysis (Oklahoma) · Go Syfert
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utilized analysis in Oklahoma

6 Oklahoma opinions name it 2 courts 1980–2023 3 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
White Mountain Apache Tribe v. Brackergreen
scotus · 1980 · cited in 3 Oklahoma opinions naming this issue, 2023–2023
2 sentences

2023After finding that state jurisdiction was not pre-empted by federal law (in the case of a non-Indian defendant and an Indian victim in Indian country), the court utilized the analysis found in White Mountain Apache Tribe v. Bracker , 448 U.S. 136, 142-43 (1980), to determine whether "the exercise of state jurisdiction would unlawfully infringe upon tribal self-government." Id. , 142 S.Ct. at 2501 .

2023After finding that state jurisdiction was not pre-empted by federal law (in the case of a non-Indian defendant and an Indian victim in Indian country), the court utilized the analysis found in White Mountain Apache Tribe v. Bracker , 448 U.S. 136, 142-43 (1980), to determine whether "the exercise of state jurisdiction would unlawfully infringe upon tribal self-government." Id. , 142 S.Ct. at 2501 .

33
Gilbert v. Stategreen
oklacrimapp · 1997 · cited in 1 Oklahoma opinions naming this issue, 2004–2004
2 sentences

2004See OUJI-CR 2d 9-4 (1996)(“the law makes no distinction between the weight to be given to either direct or circumstantial evidence”); also see Gilbert v. State, 1997 OK CR 71 , 951 P.2d 98, 120 (where the prosecutor told the jury that circumstantial evidence should not be considered inferior to direct evidence, this Court held that the comment was a correct statement of the law).

2004See OUJI-CR 2d 9-4 (1996)(“the law makes no distinction between the weight to be given to either direct or circumstantial evidence”); also see Gilbert v. State, 1997 OK CR 71 , 951 P.2d 98, 120 (where the prosecutor told the jury that circumstantial evidence should not be considered inferior to direct evidence, this Court held that the comment was a correct statement of the law).

11
Spuehler v. Stategreen
oklacrimapp · 1985 · cited in 1 Oklahoma opinions naming this issue, 2004–2004
2 sentences

2004The same result would have been reached had this Court utilized the test found in Spuehler v. State, 1985 OK CR 132 , 709 P.2d 202, 203-04 . ¶ 11 There is no difference in the weight given circumstantial evidence or. direct evidence.

2004The same result would have been reached had this Court utilized the test found in Spuehler v. State, 1985 OK CR 132 , 709 P.2d 202, 203-04 . *559 ¶ 11 There is no difference in the weight given circumstantial evidence or direct evidence.

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 (2)

CaseCitedYears
Dobry v. Dobry green
okla · 1958
2 sentences

2016Investigation reveals some confusion because these actions are often mixed together under the concept of "accounting" without differentiating between them. 5 115 The trial court utilized the standard stated in Dobry v. Dobry, 1958 OK 8 , 324 P.2d 534 , as the basis for trial, However, Dobry governs in situations where a court must use its equitable powers to order an accounting because the plaintiff has no legal right to an accounting, but has no other adequate remedy for an injury.

2016Investigation reveals some confusion because these actions are often mixed together under the concept of "accounting" without differentiating between them. 5 115 The trial court utilized the standard stated in Dobry v. Dobry, 1958 OK 8 , 324 P.2d 534 , as the basis for trial, However, Dobry governs in situations where a court must use its equitable powers to order an accounting because the plaintiff has no legal right to an accounting, but has no other adequate remedy for an injury.

12016–2016
Anderson v. Vian Cemetery Ass'n green
oklacivapp · 1977
1 sentence

1980In re Estate of Anderson, Okl.App., 571 P.2d 880 .

11980–1980

Statutes the citing opinions construe

OK § Okla. Stat. tit. 21, § 1431 (3) OK § Okla. Stat. tit. 21, § 649 (3) OK § Okla. Stat. tit. 21, § 650.9 (3) OK § Okla. Stat. tit. 21, § 797 (3) OK § Okla. Stat. tit. 22, § 1053 (3) USC § 18u.s.c.1151 (3) USC § 18u.s.c.1162 (3) USC § 25u.s.c.1321 (3) USC § 25u.s.c.331 (3) USC § 25u.s.c.821-826 (3) USC § 25u.s.c.841-853 (3) USC § 25u.s.c.861 (3)

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

FL 9 (1979–2014) OK 6 (1980–2023) PA 6 (1977–2024) OH 4 (1990–2014) NJ 3 (1998–2021) CT 3 (1992–1994) MI 3 (1980–2018) AL 2 (1998–2012) KS 2 (2016–2016) IN 2 (1991–2025) VA 2 (2006–2009) WI 2 (1983–2004) LA 2 (2006–2006) CA 2 (1994–2015) HI 2 (2009–2011)

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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