Justia Oklahoma Supreme Court Opinion Summaries

Plaintiffs-appellees, Cloudi Mornings and Austin Miller (collectively Cloudi Mornings) filed a Petition for Declaratory Judgment and Injunctive Relief with the District Court of Tulsa County. In the petition, Cloudi Mornings stated that it was an L.L.C. with its primary business activities located within the City of Broken Arrow and that Austin Miller was a resident of Broken Arrow, and that as a "business within city limits," they had a vested interest in City enacted medical marijuana rules related to the voter approved June 26, 2018, Initiative Petition 788 which legalized medical marijuana in the State of Oklahoma. The Oklahoma Supreme Court retained this case to address the authority of a city, such as the City of Broken Arrow, to zone/regulate a medical marijuana establishment within city limits. However, because this case lacked any case or controversy as to these plaintiffs, and was merely a request for an advisory opinion, the Court dismissed the appeal. View "Cloudi Mornings, LLC v. City of Broken Arrow" on Justia Law

Petitioner Edward Shadid challenged Oklahoma City Ordinance No. 26,255 (Ordinance)1 which was passed by the City Council of Oklahoma City and signed by the Mayor on September 24, 2019. The Ordinance amended Article II of Chapter 52 of the Oklahoma City Municipal Code, 2010, by creating a new Section 52-23.7. This amendment created a temporary term (8 year) excise tax of 1% to begin April 1, 2020, if approved by a majority vote of qualified, registered voters of Oklahoma City. A special election was set for this purpose on December 10, 2019. Petitioner contends the Ordinance violates the single subject rule found in art. 5, sec. 57, Okla. Const. The Oklahoma Supreme Court assumed original jurisdiction to respond to Petitioner's challenge, and concluded the proposed ordinance did not violate the single subject rule found in the Oklahoma Constitution or the single subject rule found in state statute and City of Oklahoma City's charter. Relief was thus denied. View "Shadid v. City of Oklahoma City" on Justia Law

Appellant Thomas Southon was employed by Oklahoma Tire Recyclers, LLC ("Employer"). In 2016, Southon sustained an injury while on the job and filed a claim for workers' compensation benefits. Employer fired Southon less than a month after he suffered the injury. Southon filed an action alleging Employer terminated him as retaliation for seeking workers' compensation benefits. Southon's petition further requested a declaratory ruling that 85A O.S.Supp. 2013 section 7 was unconstitutional. Employer moved to dismiss the case for lack of jurisdiction, arguing that under section 7 Southon's exclusive, and constitutionally sufficient, remedy was before the Workers' Compensation Commission and not the district court. The district court found 85A O.S.Supp. 2013 section 7 was constitutional, and agreed that the Workers' Compensation Commission had exclusive jurisdiction over Southon's claim and sustained Employer's motion to dismiss. Southon appealed, and this matter was retained and made a companion case to another cause concerning the same statutory provision. The issues presented for the Oklahoma Supreme Court’s review were: (1) whether 85A O.S.Supp. 2013 section 7 unconstitutionally restricted a plaintiff's right to jury trial; (2) whether section 7 denied Southon his right to due process; (3) whether section 7 wrongfully classifies workers' compensation claimants separately from other wrongful termination victims; and (4) whether a Burk tort was available to such plaintiffs in the district court. The Supreme Court concluded Southon's four assignments of error were without merit and affirmed the judgment of the district court. View "Southon v. Oklahoma Tire Recyclers, LLC" on Justia Law

After reviewing plaintiff's two Oklahoma constitutional challenges to House Bill 2684, the Oklahoma Supreme Court ruled restricting drug-induced abortions was unconstitutional. The 2014 measure outlawed “off-label” use of mifepristone, or RU-486, making Oklahoma the only state with such a restriction on the books. The Center for Reproductive Rights sued over the law in September 2014 and a state district court blocked it in November 2017. The state appealed the decision to the Oklahoma Supreme Court, which upheld the decision after previously leaving it in place in 2016 to allow the lower-court litigation to proceed. In vacating its stay, the Oklahoma Court held: (1) decisions from the United States Supreme Court were binding on the Oklahoma Supreme Court Court and where the United States Supreme Court has spoken, the Oklahoma Court was bound by its pronouncements; and (2) the Legislature's requirement that physicians adhere to the Federal Drug Administration's (FDA) 2000 label protocol for medication-terminated pregnancies, rather than the newer, revised 2016 label protocol, placed a substantial obstacle in the path of a woman's choice and imposed an undue burden on the woman's rights pursuant to United States Supreme Court precedent as then existed. View "Oklahoma Coalition for Reproductive Justice v. Cline" on Justia Law

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

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

Appellant, John Burks was a bondsman who posted one hundred thousand dollar ($100,000) bail for defendant Billy Durfey in a criminal case. Durfey did not appear in court and the court forfeited the bond. On December 15, 2014, the same day that Durfey failed to appear, the bondsman made a written request to the Sheriff's office that Durfey be entered into the National Crime Information Center (NCIC) database. The bondsman did not place any restrictions or limitations on his request and he signed a letter agreeing to pay for all extradition expenses incurred in returning Durfey to Garvin County, Oklahoma. Days later, Burks learned that the Sheriff's office had entered Durfey into the database, but that the extradition directive had been geographically limited to Oklahoma and its surrounding states. At his own expense, Burks conducted an investigation for Durfey which led him to Montana. Local law enforcement, however, was unable to assist Burks because Durfey was not listed in the NCIC database due to the restrictions placed by the Garvin County Sherriff. Burks again contacted the Sheriff's office and asked that any territorial restrictions be removed. It was not until the Bondsman obtained information that Durfey may have traveled to Mexico that an Oklahoma Highway Patrol Trooper assigned to the U.S. Marshal's office got involved. The Sheriff ultimately lifted the geographical restrictions pursuant to the Highway Patrol's request. The bondsman paid the bond forfeiture after he was unable to apprehend Durfey and return him to Garvin County. The only question presented to the Oklahoma Supreme Court in this case was whether, under the facts of this case, the bondsman was entitled to remittance of the posted bond pursuant to 59 O.S. Supp. 2014 section 1332. The Supreme Court found Burks fully complied with 59 O.S. Supp. 2014 section 1332, yet the Sheriff did not honor his request within the statutory period. Consequently, the bond was exonerated by operation of law. Burks presented convincing evidence of good cause why Durfey did not appear. The bondsman was entitled to remittance of the posted bond pursuant to statute. View "Oklahoma v. Durfey" on Justia Law

Prior to the Oklahoma Voter ID Act, Title 26, Section 7-114 required that "[e]ach person presenting himself to vote shall announce his name to the judge of the precinct, whereupon the judge shall determine whether said person's name is in the precinct registry." In April 2009, the Oklahoma Legislature passed S.B. 692, and referred it for a vote of the people as State Question 746, Legislative Referendum 347. The Voter ID Act was approved on November 2, 2010. The Voter ID Act amended Section 7-114 to require that voters provide proof of identity in the form of a document issued by the United States, the State of Oklahoma, or the government of a federally recognized Indian tribe or nation that showed: (1) the name of the person to whom it was issued (substantially conforming to the name in the precinct registry); (2) a photograph of the person to whom it was issued; and (3) an expiration date after the present election (unless the identification belonged to someone over the age of 65 and is valid indefinitely). The Voter ID Act also provided, as an alternative, that a person could present a voter identification card issued by the appropriate county election board. If a person is unable or unwilling to produce proof of identity, the person could sign a statement under oath swearing that they were the person identified on the precinct registry, then the person will be allowed to cast a provisional ballot. Appellant filed suit against the State Election Board contending that the Voter ID Act was unconstitutional as an interference with the free right to suffrage and equivalent to a poll tax. The Oklahoma County District Court held a hearing on competing motions for summary judgment and determined: venue was proper in Oklahoma County, there was no evidence of any voter fraud in Oklahoma, and there was a question of fact regarding the impact of the Voter ID Act on the right to suffrage which would be determined in an evidentiary hearing. In October 2016, the district court found that Appellant had not met her burden of proof and that based on the evidence presented, the Voter ID Act did not violate the Oklahoma Constitution, and entered judgment for the State Election Board on all claims in the case. Finding no reversible error in the district court’s judgment, the Oklahoma Supreme Court affirmed. View "Gentges v. Oklahoma Election Bd." on Justia Law

On December 20, 2017, Respondents Michael Thompson, Ray Potts, and Mary Lynn Peacher (collectively, Proponents) filed Initiative Petition No. 416, State Question No. 795 (IP 416) with the Oklahoma Secretary of State. IP 416 would create a new Article XIII-C in the Oklahoma Constitution. IP 416 contains 8 sections, which Proponents asserted will levy a new 5% gross production tax on oil and gas production from certain wells, and provide for the deposit of the proceeds primarily in a new fund entitled the "Oklahoma Quality Instruction Fund" (the Fund). Monies from the Fund would be distributed: (1) 90% to Oklahoma common school districts to increase compensation and benefits for certified personnel, and the hiring, recruitment and retention thereof; and (2) 10% to the State Department of Education to promote school readiness, and to support compensation for instructors and other instructional expenses in "high-quality early learning centers" for at-risk children prior to entry into the common education system. The opponent petitioners alleged the gist of the petition was insufficient and misleading. Upon review, the Oklahoma Supreme Court held the gist of the petition was legally sufficient. View "McDonald v. Thompson" on Justia Law

On December 20, 2017, Respondents Michael Thompson, Ray Potts, and Mary Lynn Peacher (collectively, Proponents) filed Initiative Petition No. 416, State Question No. 795 (IP 416) with the Oklahoma Secretary of State. IP 416 would create a new Article XIII-C in the Oklahoma Constitution. IP 416 contains 8 sections, which Proponents asserted will levy a new 5% gross production tax on oil and gas production from certain wells, and provide for the deposit of the proceeds primarily in a new fund entitled the "Oklahoma Quality Instruction Fund" (the Fund). Monies from the Fund would be distributed: (1) 90% to Oklahoma common school districts to increase compensation and benefits for certified personnel, and the hiring, recruitment and retention thereof; and (2) 10% to the State Department of Education to promote school readiness, and to support compensation for instructors and other instructional expenses in "high-quality early learning centers" for at-risk children prior to entry into the common education system. The opponent petitioners alleged the gist of the petition was insufficient and misleading. Upon review, the Oklahoma Supreme Court held the gist of the petition was legally sufficient. View "McDonald v. Thompson" on Justia Law