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Kelley Kohler (Father) and Carolynn Chambers (Mother) were the biological parents of R.L.K., born April 17, 2012. Father received orders directing him to report for basic training and advanced individual training with the United States Army National Guard. Prior to leaving, Father filed a motion seeking an order authorizing the temporary transfer of his custody and visitation rights with R.L.K. to his spouse. Father maintained he was a "deploying parent" under the Oklahoma Deployed Parents Custody and Visitation Act. The trial court found the ODPCVA was controlling and vested Father's wife with the right to exercise visitation with R.L.K. during his absence. Mother appealed the judgment arguing the trial court erred as a matter of law by finding Father was a "deploying parent" as defined by the ODPCVA. In a case of first impression for the Oklahoma Supreme Court, it reversed the trial court, finding Father was not a "deploying parent" because his temporary transfer was not "in support of combat, contingency operation, or natural disaster" as mandated by 43 O.S.2011 section 150.1. View "Kohler v. Chambers" on Justia Law

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Plaintiff Oklahoma Schools Risk Management Trust (OSRMT) brought a declaratory judgment action seeking a declaration it was not liable for losses sustained by McAlester Public Schools resulting from a ruptured water pipe in one of its schools. McAlester Public Schools answered, alleged breach of contract by plaintiff, and sought indemnification for its losses. A trial court granted summary judgment for Oklahoma Schools Risk Management Trust on its request for declaratory relief and against McAlester Public Schools on its indemnity claim. McAlester Public Schools appealed the judgment. The Oklahoma Supreme Court agreed with McAlester Schools that OSMRT failed to show a policy-based exclusion to coverage, reversed summary judgment and remanded for further proceedings. View "Okla. Schools Risk Management Trust v. McAlester Pub. Schools" on Justia Law

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In 2008, the Purcell, Oklahoma Police Department arrested the petitioner-appellee, D. A. for Larceny of CDS (a controlled dangerous substance), unlawful possession of CDS and obtaining CDS by forgery/fraud. The State charged her with three felonies. Upon the State's request, the trial court dismissed the larceny and obtaining CDS by forgery/fraud; subsequently, the court entered a five year deferred sentence for the remaining count of possession of CDS. Then in October 2010, the McClain County Sheriff arrested D.A. for two counts of obtaining (or attempted) CDS by forgery/fraud. A plea deal provided that, upon successful completion of drug court, the latest two counts would be dismissed. However, if she did not successfully complete drug court, then she would receive fifteen years with the Department of Corrections. In 2013, D.A. was accepted into a drug court in McClain County. She successfully completed drug court, and the trial.court dismissed D.A.' two nonviolent felony counts in 2015. In 2017, D.A. filed a petition for expungement of both of her arrests, charges, and court dispositions pursuant to 22 O.S. Supp 2016 section 18(7). The Oklahoma State Bureau of Investigation (OSBI) entered an appearance and objected, arguing that a drug court's dismissal of charges upon the successful completion of the program was statutorily exempt from eligibility for expungement. The trial court denied the OSBI's objection and granted the petition for expungement. The OSBI appealed. The Oklahoma Supreme Court held a drug court's dismissal following successful conclusion of the drug court program was not excluded from expungement under 22 O.S. Supp. 2016 section 18, and may be expunged immediately, after successful completion of the program and the charges have been dismissed. View "D. A. v. Oklahoma ex rel. Oklahoma State Bureau of Investigation" on Justia Law

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Petitioner Kelli Braitsch injured her right arm while employed by the City of Tulsa and after the effective date of the Administrative Workers' Compensation Act (AWCA). Through her collective bargaining agreement, Braitsch was paid her full salary in lieu of temporary total disability (TTD) payments. She was later awarded permanent partial disability (PPD) benefits which were reduced by the amount her full salary payments were in excess of TTD benefits pursuant to 85A O.S. 89. Braitsch argued 85A O.S. 89 denied her due process of the law and was an unconstitutional special law. The Administrative Law Judge denied the constitutional challenges and the Workers' Compensation Commission en banc affirmed the ALJ's decision. This appeal concerns only the asserted constitutional challenges. "Every presumption is to be indulged in favor of the constitutionality of a statute," and the Oklahoma Supreme Court found Braitsch failed to "bear the heavy burden of establishing 85A O.S. 89 is unconstitutional." The Court found the provisions of 85A O.S. 89 neither violated Braitsch's right to due process of law nor was the statute a special law. The Order Affirming Decision of Administrative Law Judge was affirmed. View "Braitsch v. City of Tulsa" on Justia Law

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In 2013, DHS removed R.M, C.M., and E.M., then eight (8) years and six (6) months, six (6) years and ten (10) months, and four (4) years and ten (10) months old respectively, from Mother's custody. The questions this case presented for the Oklahoma Supreme Court's review were whether: (1) the Oklahoma Department of Human Services (DHS) provided reasonable efforts to reunite Mother with Children; (2) the State presented clear and convincing evidence to support the termination of parental rights; and (3) Mother's trial counsel provided effective assistance. The Court answered all questions in the affirmative, and affirmed the district court's judgment. View "In the Matter of C.M." on Justia Law

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Husband and Wife were divorced following a four-day trial. On June 30, 2016, a Decree of Dissolution of Marriage, memorializing the trial court's rulings, was filed in the proceeding. On July 15, 2016, Husband and Wife both filed motions seeking reconsideration of certain aspects of the Decree. Husband subsequently filed a response to Wife's motion, arguing it had not been filed within ten days; and therefore, was not timely under 12 O.S. 2011 sec. 653. The trial court denied Wife's motion, concluding it had been filed out of time. On appeal, the Court of Civil Appeals affirmed the trial court's denial of Wife's motion to reconsider, also concluding Wife's motion was not timely filed. The Oklahoma Supreme Court granted Wife's petition for certiorari, and determined both tribunals erred by miscalculating the ten-day deadline in section 653 in light of the time computation requirements in 12 O.S. 2011 sec. 2006(A). View "Christian v. Christian" on Justia Law

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Russell Foutch and Randall Barrios died while incarcerated in Oklahoma jails: Barrios by his own hand; Foutch from complications related to pneumonia. Their estates sued the respective jails, one sheriff, and various employees and healthcare contractors of those jails. Their claims included: (1) federal civil rights claims under 42 U.S.C. 1983 alleging violations of the Eighth and Fourteenth Amendments of the federal constitution; (2) negligence and wrongful death claims; (3) negligent conduct, training, hiring, and supervision claims; and (4) tort claims alleging violations of rights guaranteed by Sections 7 and 9 of Article II of the Oklahoma Constitution. Two federal courts certified questions of law to the Oklahoma Supreme Court: (1) the Governmental Tort Claims Act renders the State immune from any tort suit arising out of the "[p]rovision, equipping, operation or maintenance of any prison, jail or correctional facility." Do Sections 7 and 9 of Article II of the Oklahoma Constitution nonetheless allow an inmate to bring a tort claim for denial of medical care? and (2) if so, is the private cause of action to be recognized retrospectively? Responding required the Court to determine whether to extend the holding in Bosh v. Cherokee County Governmental Building Authority (305 P.3d 994) to include tort claims brought by inmates alleging violations of their rights to due process and to be free from cruel or unusual punishments. The Oklahoma Legislature responded to Bosh by amending the Governmental Tort Claims Act ("GTCA"), 51 O.S. 151 et seq., to clarify that the State's immunity from suit extended even to so-called "constitutional" torts. The Court, therefore, answered the first certified question "no," and did not reach the second question. View "Barrios v. Haskell County Public Facilities Authority" on Justia Law

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The district court found respondent-appellant Warren Ellis, Jr. guilty of contempt related to his failure to follow the terms of a divorce decree and separation agreement. Ellis appealed when the trial court issued a certified interlocutory order for immediate appeal to the Oklahoma Supreme Court. The Supreme Court denied the respondent's petition for review. Subsequently, Ellis submitted a purge plan to the trial court to purge his contempt. Upon completion of the purge plan, the trial court issued a summary order purging the contempt. Ellis again appealed the finding of contempt, arguing that because the Supreme Court did not grant his previous petition to review the interlocutory order, he was unconstitutionally denied access to Court. He also argued the trial court: (1) improperly applied res judicata to a previous bankruptcy court proceeding; (2) improperly interpreted the separation agreement; and (3) erred in finding him guilty of contempt. The Oklahoma Supreme Court held respondent was not unconstitutionally denied access to Court, and that the trial court did not err in its application of res judicata, in its interpretation of the separation agreement, or in finding the respondent in contempt. Consequently, it affirmed the trial court. View "Lay v. Ellis" on Justia Law

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Mother gave birth to Child J.L.O. in 2016. When Child was less than two weeks old, the Oklahoma Department of Human Services (DHS) removed Child from Mother's custody, and shortly thereafter the State filed a petition requesting the court adjudicate Child deprived. On June 13, 2016, Tulsa Police pulled over Child's natural parents for expired tags. During the impound inventory, Tulsa Police found multiple items containing brown residue which the searching officer confirmed as heroin, via field test. Mother admitted to using heroin previously, but claimed that she had quit after learning she was pregnant. While Child was in the NICU for weight loss, hospital staff observed Mother with symptoms of continued heroin use including: passing out on a toilet, falling asleep with Child on her chest, and dozing off while standing up. The State alleged that Mother's actions constituted "neglect, failure to provide a safe and stable home, threat of harm, and substance abuse by [the] caretaker." Mother failed to appear for the hearing; ultimately termination proceedings were initiated and granted. Mother raised five issues on appeal; finding no reversible error, the Oklahoma Supreme Court affirmed termination of her parental rights. View "In the matter of J.L.O." on Justia Law

Posted in: Family Law

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Petitioner Trina Engles received temporary total disability benefits in 2006, for a December 2, 2005 injury. She had fallen backwards in a chair at work, which caused the injury. On January 15, 2010, Engles received permanent partial disability benefits for the neck injury. She had previously suffered a non-work-related injury in 1998. That injury occurred from an electrocution and fall at her home. She had multiple back and neck surgeries as a result. Ultimately she was awarded benefits from the Multiple Injury Trust Fund based on the most recent Court of Civil Appeals decision. MITF filed a timely petition for certiorari to the Oklahoma Supreme Court, arguing the Court had never before addressed the conclusion and holding of the Court of Civil Appeals. It argued the holding that a PTD benefit claimant against MITF may reopen an underlying case during the pendency of a claim against MITF, settle the reopened claim, and then use the settlement to later obtain a MITF award after another division of the Court of Civil Appeals ruled there was no jurisdiction for claimant's claim of benefits against MITF. MITF also argued the court did not follow the Supreme Court's jurisprudence, arguing it ignored the law-of-the-case doctrine. MITF claims the court did not correctly apply the statute, ignoring the Court's case law that a change of condition for the worse was not a subsequent injury under section 172. MITF contended that Engles was not eligible for benefits as she only has one previous adjudicated injury and her change of condition for the worse just reopened the original injury. Finally, MITF argued the court determined the competence of evidence sua sponte, contradicting Oklahoma case law. The Supreme Court agreed that Engles had one adjudicated injury, and suffered no subsequent injury after her 2005 injury; she could not be a physically impaired person and the appellate court lacked jurisdiction against MITF. "Reopening a lone injury and characterizing the resulting compromise settlement as a second adjudicated injury cannot establish jurisdiction over MITF." The Court vacated the opinion of the Court of Civil Appeals and remanded this case for further proceedings. View "Engles v. Multiple Injury Trust Fund" on Justia Law