Justia Oklahoma Supreme Court Opinion Summaries

Appellant Angela Antini and Appellee Matthew Antini were parents to two children. In 2013, the parties were divorced under New York law. In the decree, the New York court awarded Appellant physical custody over the children with the parties sharing joint legal custody. Appellee was granted visitation rights and ordered to pay child support. Prior to the entry of the Judgment of Divorce, Appellant moved with the children from New York to Maine. In April 2014, Appellee picked the children up in Maine for visitation but transported them to Oklahoma and, despite Appellant's requests and her subsequent trip to Oklahoma to recover the children, Appellee refused to return them. After it became apparent that Appellee was not going to return the children, Appellant registered the New York divorce decree as a foreign judgment in a Maine court and filed a motion for contempt against Appellee. Appellee did not return the children, so the Maine court found Appellee in contempt. He ignored an offer to purge his contempt by returning both children; Appellee never returned the children to Maine. Because of this failure to return the children, the Maine court issued a bench warrant for Appellee. In December 2014, Appellee filed a petition in the District Court of Stephens County, Oklahoma, to register the New York divorce decree in Oklahoma and asked the court to assume custody jurisdiction. Appellee's petition did not reference the Maine proceedings. Appellant filed a special appearance to object to the registration of the New York divorce and also sought a writ of habeas corpus requesting custody of the children. The trial court concluded it lacked jurisdiction over Appellee's petition, Maine retained child custody jurisdiction, and ordered the return of the children to Appellant. The Oklahoma court also denied and dismissed the petition to register the New York decree in Oklahoma. Appellant filed a pro se motion to modify custody to the Maine court, requesting sole custody of the children and granting Appellee supervised visitation. Appellee responded with an answer and counterclaim, but then failed to appear. The Maine court then granted Appellant's motion and ruled it had exclusive and continuing jurisdiction over the children. No appeal of the Maine court's decision was entered and the decision is now final under Maine law. Appellant thereafter moved for costs and attorney's fees in Oklahoma, which was denied. She appealed to the Oklahoma Supreme Court. The Oklahoma Supreme Court determined Appellant was entitled to reasonable and necessary expenses including attorney fees borne by her counsel. View "Antini v. Antini" on Justia Law

Petitioner Emilee Mullendore was employed as a certified nursing assistant (CNA) with Mercy Hospital in Ardmore, Oklahoma. While working during her assigned hospital shift, Petitioner entered the fifth floor nutrition room and assembled 8 separate one pound bags of ice for the patients. She then turned to open the door out of the nutrition room, took a step into the doorway and "I felt my right foot slip out to the right and then the top part of my leg and my knee turned in to the left." Petitioner immediately fell onto the floor and was unable to walk on her leg. Petitioner had worked over six hours of her shift without difficulty before her accident. At the time, Petitioner was twenty-one years old. Mullendore was evaluated in the emergency room within a few hours after the accident complaining of "right knee pain - says she just stepped and fell." Petitioner filed a claim to the Oklahoma Workers' Compensation Commission seeking the recovery of medical care for the injury and requested the reservation of the issue of whether she was entitled to recover temporary total disability benefits. Petitioner claimed she sustained a compensable injury to her right knee as a result of an unexplained fall that arose out of her performing employment related services for the hospital. Respondent-hospital denied the claim contending the injury was not work-related but was idiopathic in nature, arising out of a condition that was personal to Petitioner. Both parties retained a physician expert who conducted an exam, reviewed medical records and issued a written report. Neither expert testified at the hearing; the ALJ was provided their respective written reports. Petitioner sought review of the Workers' Compensation Commission's Order en banc, which upheld the administrative law judge's Order Denying Compensability finding that Petitioner's injury to her right leg/knee was idiopathic in origin and noncompensable under the Administrative Workers' Compensation Act. The Court of Civil Appeals affirmed the Commission en banc. After its review, the Oklahoma Supreme Court held Petitioner's knee injury was indeed a "compensable injury" within the meaning of the Oklahoma Administrative Workers' Compensation Act. 85 A O.S. Supp. 2018 section 2 (9)(a). View "Mullendore v. Mercy Hospital Ardmore" on Justia Law

Defendant-appellee Jake Watkins was driving under the influence of alcohol and rear-ended a vehicle owned and operated by plaintiff-appellant Lee McIntosh. McIntosh's vehicle was damaged and he and the former co-plaintiff Anthony McIntosh were injured. Both vehicles pulled over to the shoulder of the road and the parties exited their vehicles to discuss the accident and to inspect the damage. At some point plaintiff stated he needed to call the police to report the accident. When Watkins heard this he returned to his vehicle and fled the scene without providing McIntosh any information required by law. Watkins was later arrested and charged with two counts: (1) driving a motor vehicle while under the influence of alcohol; and (2) leaving the scene of an accident involving damage. He pled no contest to the two counts and received a deferred judgment and sentence.Months late, McIntosh signed a settlement agreement which settled all of his bodily injury claims for the sum of $25,000.00. McIntosh was also paid $17,545.66 to fully repair his vehicle and an additional $7,000.00 for the diminution of value claim. The only remaining issue left to be decided by the trial court was whether McIntosh was entitled to receive treble damages for the damage sustained to his vehicle. Watkins moved for summary judgment on the treble damages issue, which the trial court granted, finding McIntosh was not entitled to treble damages due to the fact he had incurred not only property damage to his vehicle but he also sustained a nonfatal injury. McIntosh appealed the trial court's ruling on that issue. The Oklahoma Supreme Court reversed, finding the treble damage provision in 47 O.S. 2011, section 10-103 applied even if a victim sustains an injury. View "McIntosh v. Watkins" on Justia Law

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

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

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

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

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

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

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