Justia Oklahoma Supreme Court Opinion Summaries

Through mediation efforts in connection with a federal lawsuit pending in the United States District Court for the Western District of Oklahoma, Respondent, the Honorable J. Kevin Stitt, Governor of Oklahoma, negotiated and entered into new tribal gaming compacts with the Comanche Nation and Otoe-Missouria Tribes to increase state gaming revenues. The tribal gaming compacts were submitted to the United States Department of the Interior, and the Department of the Interior deemed them approved by inaction, only to the extent they were consistent with the Indian Gaming Regulatory Act (IGRA). The Comanche Nation and Otoe-Missouria Tribes were not parties to this matter; these tribes were sovereign nations and have not submitted to the jurisdiction of the Oklahoma Supreme Court. The limited question presented to the Oklahoma Supreme Court was whether Governor Stitt had the authority to bind the State with respect to the new tribal gaming compacts with the Comanche Nation and Otoe-Missouria Tribes. To this, the Supreme Court held he did not. The tribal gaming compacts Governor Stitt entered into with the Comanche Nation and Otoe-Missouria Tribes authorized certain forms of Class III gaming, including house-banked card and table games and event wagering. Any gaming compact to authorize Class III gaming had to be validly entered into under state law, and it was Oklahoma law that determined whether the compact was consistent with the IGRA. The tribal gaming compacts Governor Stitt entered into with the Comanche Nation and Otoe-Missouria Tribes were invalid under Oklahoma law. The State of Oklahoma was not and could not be legally bound by those compacts until such time as the Legislature enacted laws to allow the specific Class III gaming at issue, and in turn, allowing the Governor to negotiate additional revenue. View "Treat v. Stitt" on Justia Law

This case involved three children and a district court's judgment finding the children were deprived and father's parental rights should be terminated. The children were taken into emergency custody in 2016. The mother had been incarcerated, and the father shortly thereafter, for violation of the terms of his probation. DHS determined the home was "inadequate, dangerous, and unfit," and that the children were neglected. Their condition evinced developmental delay, lack of medical care, lack of hygiene, and lack of food. The children were removed from their home. Their mother voluntarily terminated her parental rights. The petition to terminate father's parental rights was based in part on his previous conviction for two counts of first-degree rape dating back to 2005. Father also had a previous Alaska conviction for sexual assault. After a jury trial, the children were adjudicated deprived by the court and the jury's verdict found two reasons for terminating father's parental rights. Father appealed the judgment and the Oklahoma Supreme Court retained the appeal. After review, the Supreme Court held the evidence was sufficient for the adjudication of deprived status and termination of father's parental rights. Accordingly, the Court upheld the district court's judgment. View "In the Matter of L.M.A." on Justia Law

Plaintiff School districts located in Midwest City/Del City, Enid, Ponca City, and Oklahoma City filed an action alleging they received insufficient State Aid payments for the years 1992-2014. The named defendants were: the Superintendent of Oklahoma State Department of Education (OSDE); the Oklahoma Tax Commission; and (3) the Oklahoma State Treasurer. Plaintiffs sought writs of mandamus to compel defendants to demand and recoup excessive State Aid payments made to other school districts, and then pay the correct apportionments to plaintiffs. Plaintiffs sought summary judgment, and intervenors, school districts in Tulsa County, sought summary judgment against plaintiffs. The district court granted intervenors' motion for summary judgment and concluded the defendants did not have a duty to seek repayment of excessive State Aid payments made to other schools until an audit was performed by auditors approved by the State Auditor and Inspector. Plaintiffs appealed and after review, the Oklahoma Supreme Court held the audit used by the State Board of Education when demanding repayment must be performed by auditors approved by the State Auditor and Inspector. A school district possesses a legal right to a proper apportionment of State Aid regardless of excessive payments made to other districts. A school district lacked a cognizable legal interest and standing in a claim to compel the State Board of Education to fund a lapsed appropriation. Plaintiffs' filings raised the issue of their standing to judicially compel legislative appropriations; standing would have to be adjudicated on remand. View "Independent School District # 52 v. Hofmeister" on Justia Law

In 2019, Respondents Ryan Kiesel and Michelle Tilley filed State Question No. 807, Initiative Petition No. 423 (SQ 807) with the Secretary of State of Oklahoma. SQ 807 proposes for submission to the voters the creation of a new constitutional article, Article 31, which would legalize, regulate, and tax the use of marijuana by adults under Oklahoma law. Petitioner Paul Tay filed this protest alleging the petition was unconstitutional because it violated the federal supremacy provisions of Article VI, clause 2 of the United States Constitution and Article 1, Section 1 of the Oklahoma Constitution. Petitioner alleged the proposed measure was preempted by existing federal statutes including the Controlled Substances Act, the Racketeer Influenced and Corrupt Organizations Act, and Section 280E of the Internal Revenue Code. Because the United States Supreme Court did not address this question, the Oklahoma Supreme Court found the Supremacy Clause permitted it to perform its own analysis of federal law. Upon review, the Court held Petitioner did not meet his burden to show clear or manifest facial constitutional infirmities because he did not show State Question No. 807 was preempted by federal law. On the grounds alleged, the petition was deemed legally sufficient for submission to the people of Oklahoma. View "In re: State Question No. 807, Initiative Petition No. 423" on Justia Law

During the 2019 Legislative Session, the Oklahoma Legislature passed HB 2597. Prior to the passage of HB 2597, the Oklahoma criminal code provided it was unlawful to carry a concealed or unconcealed handgun without a license. HB 2597 instituted what was known as "permitless carry" or "constitutional carry." This was accomplished by amending the Oklahoma criminal code to create a new exception to the law generally prohibiting the carrying of firearms. In an original proceeding before the Oklahoma Supreme Court an issue arose over the gist of Initiative Petition No. 425, State Question No. 809. The initiative petition sought to amend the Oklahoma Statutes for the purpose of making it unlawful to carry a concealed or unconcealed handgun without a license. The Petitioner filed this protest alleging the gist of the initiative petition was legally insufficient. The Supreme Court held the gist did not accurately explain the proposal's effect on existing law and is misleading. View "In re: Initiative Petition No. 425, State Question No. 809" on Justia Law

Plaintiff Signature Leasing, LLC requested a declaratory judgment regarding a contract containing an arbitration clause which Plaintiff alleged that Defendants Buyer's Group, LLC and Williams & Williams Marketing Services, Inc. had fraudulently induced Plaintiff to sign. Defendants filed motions to dismiss and motions to compel arbitration which the district court granted. The Court of Civil Appeals reversed and remanded to the district court. The underlying question presented for the Oklahoma Supreme Court's review was whether the district court or the arbitrator determined challenges of fraudulent inducement to the entirety of a contract which contains an arbitration clause under the Oklahoma Uniform Arbitration Act (OUAA). The Court determined the arbitrator makes that determination, and affirmed the judgment of the district court compelling the matter to arbitration. View "Signature Leasing, LLC v. Buyer's Group, LLC" on Justia Law

In October 2019, the Respondents-Proponents Andrew Moore, Janet Ann Largent, and Lynda Johnson filed Initiative Petition No. 420, State Question No. 804 (IP 420), with the Secretary of State of Oklahoma. The initiative measure proposed for submission to the voters the creation of a new constitutional article, Article V-A, which would create the Citizens' Independent Redistricting Commission (Commission). IP 420 was challenged in two separate cases. On February 4, 2020, the Oklahoma Supreme Court handed down its decisions in both matters. Two days later, February 6, 2020, the proponents of IP 420 filed a new initiative petition (Initiative Petition No. 426, State Question 810). The Secretary of State published the required notice of the initiative petition on February 13, 2020. Initiative Petition No. 426 (IP 426) was nearly identical to IP 420, creating a new constitutional article, Article V-A, which would create the Citizens' Independent Redistricting Commission (Commission). Like IP 420, it would vest the power to redistrict the State's House of Representatives and Senatorial districts, as well as Federal Congressional Districts, in this newly created Commission. Initiative Petition No. 426, like IP 420, requires the Commission's Secretary to gather information from the Department of Corrections about the home address of state and federal inmates and add this information to the Federal Decennial Census data so that incarcerated people can be counted in their home communities rather than place of incarceration. The issue presented to the Supreme Court's original jurisdiction involved the legal sufficiency of Initiative Petition No. 426, State Question No. 810. The Petitioners contended the petition was unconstitutional because it violated Article 1, section 2, the Equal Protection Clause and the First Amendment of the United States Constitution. Upon review, the Supreme Court held Petitioners did not meet their burden to show Initiative Petition No. 426 contained "clear or manifest facial constitutional infirmities." On the grounds alleged, the petition is legally sufficient for submission to the people of Oklahoma. View "In re: Initiative Petition No. 426 State Question No. 810" on Justia Law

The Oklahoma Supreme Court granted certiorari to address first impression questions of: (1) whether a home warranty plan met the definition of an insurance contract; (2) and if it was insurance, whether a forced arbitration clause in such a contract was unenforceable under the Oklahoma Uniform Arbitration Act; (3) whether 12 O.S. 2011 section 1855 of the Oklahoma Uniform Arbitration Act was a state law enacted for the purpose of regulating insurance under the McCarran-Ferguson Act; and (4) whether pursuant to the McCarran-Ferguson Act, did section 1855 preempted the application of the Federal Arbitration Act. The Supreme Court answered all questions in the affirmative. View "Sparks v. Old Republic Home Protection Co., Inc." on Justia Law

Appellants Taylor and Cody Hudson (Hudson/parents) were arrested and charged with felony criminal child abuse in relation to the alleged abuse of one of Cody Hudson's sons. Subsequently, the State sought to terminate the Hudsons' parental rights to the four children they had together. At trial, the parents sought to preclude any evidence of the criminal charges from being presented to the jury. The trial court limited evidence of the criminal charges to only inform the jury that charges had been filed, and nothing else. The jury rendered a verdict terminating parental rights as to both parents. The Hudsons appealed. After its review, the Oklahoma Supreme Court held that the limited admission of evidence of the fact that parents have been charged with criminal felonies for child abuse (but not yet convicted) was made in error but did not warrant reversal; the jury's verdict was supported by the clear and convincing evidence that the abuse was heinous and shocking. View "In the Matter of K.H." on Justia Law

In 2010, plaintiff-appellant James Payne pled nolo contendere to stalking in Case No. CF-2010-27 in Pittsburg County, Oklahoma. He received a five-year deferment with special rules and conditions of probation. He was required to have no contact with the stalking victim. In addition, Payne pled guilty to violating a protective order in many other cases filed in Pittsburg County related to the same victim and was sentenced to six months in the county jail. The sentences were to run concurrently. He received extra credits and was released from custody on May 5, 2010. A month later, on June 10, 2010, the district attorney filed a motion to accelerate the deferred judgment for probation violations, alleging Payne had been contacting and harassing the victim. The district court issued a felony warrant and Payne was arrested and booked into jail by the Pittsburg County Sheriff's Office on June 11, 2010. Payne did not post bail and remained in the county jail. The district court ultimately executed a minute order finding Payne guilty of violating the terms of his deferred sentence, for which he received a five year sentence: four suspended and one year to serve in the Department of Corrections. Payne received credit for time served in the county jail since his June 10 arrest. The Judgment and Sentence ordered Payne into DOC custody and directed the Pittsburg Sheriff's office to transfer Payne to the Lexington Assessment and Reception Center to begin serving his time in DOC custody. The Sheriff's Office of Pittsburg County did not transfer Payne to the Lexington Assessment and Reception Center (LARC) until September 6, 2011, almost three months past the end of his sentence. Payne was released that same day without serving any of his time in DOC custody. Payne sue various Pittsburg county corrections and governmental officials, arguing his constitutional rights had been violated because he remained in custody beyond his sentence. The district court granted summary judgment in favor of the defendants. The Oklahoma Court of Civil Appeals affirmed. The Oklahoma Supreme Court granted certiorari on the remaining issue preserved for review, i.e., whether a private right of action under Article 2 Section 9 of the Oklahoma Constitution existed under the facts of this case. The Court held a private right of action existed at the time Payne was detained past his sentence, and remanded for further proceedings. View "Payne v. Kerns" on Justia Law