Decisions

Supreme Court of Oklahoma

¶1 Pursuant to Rule 8 (Resignation Pending Disciplinary Proceedings), Oklahoma Rules Governing Disciplinary Proceedings (RGDP), 5 O.S.2011, ch. 1, app. 1-A, Respondent submitted an affidavit, filed April 5, 2024, seeking to resign his membership in the Oklahoma Bar Association (OBA) and relinquish his right to practice law pending disciplinary proceedings. On the same date, Complainant filed an application to this Court for an order approving the resignation of Respondent and an application to assess costs in the amount of $1,468.01. Upon consideration of the matter we find:

¶0 The appellant, Carl Fleig, lost a lawsuit stemming from a contract dispute over roofing work done in conjunction with the purchase of a house. Subsequently, the trial court awarded $51,331.00 in attorney fees against Fleig. He appealed, and the Court of Civil Appeals affirmed the trial court's attorney fee award. We granted certiorari only to address whether the trial court's order awarding attorney fees evidences that the trial court complied with the directives of State ex rel . Burk v. City of Oklahoma City , 1979 OK 115 , 598 P.2d 659 . We hold that it does not.

¶1 On July 21, 2023, Complainant, the Oklahoma Bar Association (OBA), filed a verified complaint against Respondent Ronald Edward Durbin, II, pursuant to Rule 6 of the Rules Governing Disciplinary Proceedings (RGDP) 5 O.S.2011, ch. 1, app. 1-A. On March 3, 2024, Complainant filed an amended complaint and verified application for an order for an order of emergency interim suspension pursuant to Rules 6 and 6.2A of the Rules Governing Disciplinary Proceedings 5 O.S.2011, ch. 1, app 1-A. With the concurrence of the Professional Responsibility Commission, the OBA requests an emergency interim suspension of Respondent from the practice of law pursuant to Rule 6.2A of the RGDP.

Court of Criminal Appeals

JACKSON v. STATE

2024 OK CR 11, F-2021-485Decided 04/18/2024

¶1 Marcus Larod Jackson, Appellant, was tried by jury with co-defendant Juwan Square and found guilty of Count 1, racketeering, in violation of 22 O.S.2011, § 1403 (A); Count 2, conspiracy to commit racketeering, in violation of 22 O.S.2011, § 1403 (D); Counts 3 and 4, discharging a firearm into a dwelling, in violation of 21 O.S.2011, § 1289.17A ; Count 5, assault and battery with a deadly weapon, in violation of 21 O.S.2011, § 652 (C); Count 6, shooting with intent to kill, in violation of 21 O.S.2011, § 652 (A); and Counts 7 and 8, possession of a firearm after former conviction of a felony, in violation of 21 O.S.Supp.2014, § 1283 (A), in the District Court of Cleveland County, Case No. CF-2019-417. The jury found Counts 1 through 6 were committed after former conviction of two or more felonies, and Counts 7 and 8 were committed after former conviction of a felony; and assessed punishment of sixty years in each count. The Honorable Michael D. Tupper, District Judge, pronounced judgment and ordered the sentences to be served concurrently. 1 Mr. Jackson appeals in the following propositions of error:

POSEY v. STATE

2024 OK CR 10, D-2019-542Decided 04/18/2024

¶1 Appellant Derek Don Posey appeals his Judgment and Sentence from the District Court of Canadian County, Case No. CF-2013-463, for his First Degree Murder convictions and death sentences for the deaths of Amy Gibbins (Counts 1 and/or 2) and her son, Bryor Gibbins (Counts 3 and/or 4), in violation of 21 O.S.Supp.2012, § 701.7. 1 Posey's jury fixed punishment at death for both murder convictions after finding the same three aggravating circumstances as to each victim, namely: (1) that Posey knowingly created a great risk of death to more than one person; 2 (2) that the murders were especially heinous, atrocious, or cruel; 3 and (3) that there existed a probability that Posey would commit criminal acts of violence that would constitute a continuing threat to society. 4 The Honorable Bob W. Hughey, Associate District Judge, presided over Posey's jury trial and sentenced him to death for each murder pursuant to the jury's verdicts, with all sentences to be served concurrently. 5 Posey raises eleven claims for review; however, no claim warrants relief. We affirm Posey's Judgment and Sentence.

WASHBURNE v. STATE

2024 OK CR 9, F-2022-787Decided 04/11/2024

¶1 Appellant, Micky Todd Washburne, appeals his Judgment and Sentence from the District Court of Washington County, Case No. CF-2021-261, for Lewd or Indecent Proposals to a Child Under 16, in violation of 21 O.S.Supp.2018, § 1123 (A)(1).

Court of Civil Appeals

¶1 Alberta Rose Jones appeals various district court rulings related to and including the divorce Decree entered in this marriage dissolution action she filed against Appellee Donald David Jones. The substance of her appeal asserts that the "default decree" is void because she did not receive the required notice of the hearing when the Decree was entered. That contention is not supported by the record. Further, Alberta failed to preserve appellate review for any of the issues argued in her appellate briefing. Nonetheless, we review the Decree for fundamental error. Finding none, we affirm.

¶1 North Star Mutual Insurance Company appeals that portion of the district court's order denying its motion for attorney fees in this declaratory judgment action. The single issue presented by this appeal is whether North Star is entitled to attorney fees, as a matter of law, pursuant to 36 O.S.2011 § 3629 (B). We hold that it is. That part of the order denying North Star's motion for attorney fees is reversed, and this case is remanded to determine the reasonable amount of attorney fees to be awarded North Star consistent with this Opinion.

TEASDALE v. FOSHEE

2024 OK CIV APP 10, 120265Decided 02/02/2024

¶1 The defendant/appellant, Christopher Foshee (Foshee), appeals an order granting in part his motion for costs and denying his motion for attorneys' fees. Foshee filed two offers of judgment in this case. On September 6, 2019, Foshee served and filed an offer of judgment pursuant to 12 O.S.2021 § 1101.1 (A). Then, on December 2, 2019, Foshee served and filed an offer of judgment pursuant to 12 O.S.2021 § 1101 . Following a jury trial during which Foshee prevailed, Foshee sought his costs under 12 O.S.2021 §§ 929 and 942 and his attorneys' fees pursuant to 12 O.S.2021 § 1101.1 (A) against plaintiff/appellee David Teasdale (Teasdale). The district court awarded Foshee his costs, but denied his request for attorneys' fees, finding that Foshee's last offer of judgment pursuant to 12 O.S.2021 § 1101 controlled. We affirm the district court's Order on Defendant's Motion for Attorneys' Fees and Costs (Order) awarding Foshee's costs. However, as to the award of attorneys' fees, we vacate the Order denying Foshee's attorneys' fees, and remand the case for entry of a new order as to attorneys' fees consistent with this Opinion.

News

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04/15/2024

On Saturday, April 20th, at 7:00 a.m., the OSCN.NET website, eResponse and ePayments system will be down for maintenance. All services are scheduled to be restored by 7:00 a.m. Monday, April 22nd.

We apologize for any inconvenience.

The Judicial Nominating Commission (JNC) today announced the following individuals have applied for the position of District Judge, District 23, Lincoln County:

  1. Sarah Lynne Bridge, Chandler
  2. Joseph Alan Dobry, Chandler
  3. Mark James Pordos, Chandler
  4. Emily Jean Mueller, Chandler
  5. Zachary Allen Privott, Chandler

With assistance from the Oklahoma State Bureau of Investigations, the JNC will immediately commence background reviews on these candidates, and interviews will be scheduled as soon as practicable at the conclusion of these background reviews.

The JNC strongly encourages the public to submit comments on these applicants. Comments may be mailed to:

Administrative Office of the Courts
Attn: Gina Rae Antipov
2100 North Lincoln, Suite 3
Oklahoma City OK 73105 and/or

James Bland
Chair, Judicial Nominating Commission
100 East Carl Albert Parkway
McAlester, Oklahoma 74501

The Oklahoma Supreme Court is pleased to announce the premier of the Oklahoma Chief Justice Colloquium on Civility and Ethics, the beginning of an annual Oklahoma Bar Association event.

The Colloquium will be held on May 7, 2024, at the Oklahoma Judicial Center and will be streamed for Bar participants.

Presenters this year will be the Honorable Brantley Starr and the Honorable P. Kevin Castel.

Judge Starr is a United States District Court Judge for the Northern District of Texas in Dallas.

Judge Castel is a United States District Court Judge for the Southern District of New York.

Judge Starr and Judge Castel will discuss the ethical issues of Artificial Intelligence. Judge Castel was the first judge to discover and then fine lawyers for using Chat GPT in a court filing which generated fake case citations. Judge Starr was the first judge to create rules for his court on the use of AI. The judges will discuss their personal scenarios with AI in their courts and engage in a lively discussion on the need for or against AI rules for lawyers.

The Oklahoma Bar Association will begin accepting registration for this CLE event the week of April 15.

Court of Civil Appeals

121,604 - Nicholles Brooke vs. Keith Reed, RN, MPH, CPH, in his Official Capacity as Oklahoma State Department of Health Commissioner.

The appellant's motion for oral argument is granted. The matter is set for oral argument before this Court on Thursday, March 7, 2024, at 10:00 a.m., in the courtroom of the Tulsa Divisions of the Court of Civil Appeals, 201 West 5th Street, Suite 600, Tulsa, Oklahoma.

121,192 - St. Anthony South Behavioral Health and SSM Health Care Corp. (OWN RISK) v. Monica Moreno Goodwin and The Workers' Compensation Commission

This case is set for oral argument on Wednesday, May 15, 2024, at 10:00 a.m., in the Court Room of the Court of Civil Appeals, 1915 N. Stiles, Suite 357, Oklahoma City, Oklahoma.

Supreme Court Oral Argument Videos

Oral Argument Videos Page

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