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Skip to Main Content Accessibility Statement Help Contact Us e-filing -- e-payments Careers By Citation (QuickCite) By Judge Case Law (full-text) Statutes & Rules (full-text) All Oklahoma Materials (full-text) By Party Name By Business Name By Case Number By Traffic Citation -- toggle navigation Home Courts Decisions Programs News Legal Research Court Records Quick Links 1 2 Courtroom Reporter Opportunities The Supreme Court of the State of Oklahoma - 2015 Judicial Biographies Legal Research Court Records Forms Case Search Careers e-Payments Tribal Court Cases Art of the Oklahoma Judicial Center Book Transfer of the Oklahoma Courts Decisions Supreme Court of Oklahoma IN THE MATTER OF THE REINSTATEMENT OF HOLLAWAY 2020 OK 8 , SCBD-6811 Decided 01/28/2020 ¶0 Petitioner, Blair Steven Hollaway, filed a petition for reinstatement to membership in the Oklahoma Bar Association. By unanimous vote, the Trial Panel recommended that Petitioner should be reinstated. The Oklahoma Bar Association recommends that the findings of the Trial Panel be adopted. Upon de novo review, we determine that reinstatement should be granted and impose costs of $95.11 within thirty (30) days from the date this opinion becomes final. PETITION FOR REINSTATEMENT GRANTED; PETITIONER ORDERED TO PAY COSTS OF $95.11. IN RE THE ESTATE OF JAMES 2020 OK 7 , 115514; Cons. w/115516 Decided 01/28/2020 ¶0 After Fred Franklin James, Sr.'s will was admitted for probate, two of this three children objected to it. One of the children (the daughter) asserted that some of the father's real property, a mechanic's/body shop, should belong to her because she had purchased it from her father pursuant to an oral contract. The other child (a son) asserted that he was a pretermitted heir because the proceeds of the insurance policy his father left to him in the will had beneficiaries inconsistent with the will. In a second, separate case, the daughter also filed a breach of contract/creditor/equitable action against the estate also, again asserting that she purchased the body shop from her father pursuant to an oral agreement with her father. The trial court consolidated the causes and determined that both children were pretermitted. We granted certiorari to address whether the children were pretermitted. We hold that heirs are not pretermitted because their beneficiary status on a non-probate asset differs from a bequest in a will. We reverse the trial court in part, and remand for proceedings consistent with our determination neither child was a pretermitted heir. COURT OF CIVIL APPEALS OPINION VACATED; TRIAL COURT REVERSED IN PART AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH OUR DECISION. DUKE v. DUKE 2020 OK 6 , 116221 Decided 01/22/2020 ¶ 0 A divorce proceeding was filed in the District Court of Logan County where husband and wife each requested sole custody of their minor child. Trial was held and the Honorable R. L. Hert, Special Judge, of the District Court of Payne County, assigned to hear the matter pronounced a decree which awarded sole custody of the parties' minor child to the father. Mother appealed and filed a motion to retain the appeal in the Supreme Court. The appeal was retained by a previous order of the Court. We hold: (1) Application of the clear-weight-of-the-evidence appellate standard to determine if a child custody order was based upon insufficient evidence must be reviewed on appeal by reviewing all of the evidence used by the trial court when adjudicating custody; (2) When all of the evidence used by the trial court to adjudicate custody is not before the appellate court the clear-weight-of-the-evidence standard may not be applied, and if the parties had an opportunity to preserve the assigned appellate error in the trial and appellate record but failed to do so, the District Court's order must be affirmed. DECREE OF DISTRICT COURT AFFIRMED Court of Criminal Appeals STATE v. HODGES 2020 OK CR 2 , S-2019-269 Decided 01/30/2020 ¶1 Jessen Hodges, Appellee, was charged with Misdemeanor Manslaughter in violation of 21 O.S.2011, § 711 , in the District Court of Grant County, Case No. CF-2017-29. 1 After a hearing on April 12, 2019, the Honorable Paul K. Woodward granted Appellee's Motion to Suppress. The State timely appealed this decision under 22 O.S.2011, § 1053 (5). CROSS v. STATE 2020 OK CR 1 , F-2019-256 Decided 01/28/2020 ¶1 The State of Oklahoma has filed a motion to dismiss this appeal from Appellant's Judgment and Sentence, pronounced January 2, 2019, in Case No. CF-2017-15 in the District Court of Lincoln County. On the same day, Appellant filed a motion for new trial claiming the verdict was contrary to the law or evidence. 1 On April 2, 2019, the District Court overruled Appellant's motion for new trial. On April 11, 2019, within ten days of the order denying the motion for new trial, Appellant filed in the District Court a Notice of Intent to Appeal and Designation of Record. On June 5, 2019, Appellant filed his Petition in Error in this Court. IN RE ADOPTION OF 2019 REVISIONS TO OKLAHOMA JURY INSTRUCTIONS-CRIMINAL (2D) 2019 OK CR 28 , CCAD-2019-1 Decided 12/20/2019 ¶1 On August 30, 2019, the Oklahoma Court of Criminal Appeals Committee for Preparation of Uniform Jury Instructions submitted its report and recommendations to the Court for adoption of amendments to Oklahoma Uniform Jury Instructions-Criminal (Second Edition). The Court has reviewed the report by the committee and recommendations for the adoption of the 2019 proposed revisions to the Uniform Jury Instructions. Pursuant to 12 O.S.2011, § 577.2, the Court accepts that report and finds the revisions should be ordered adopted. Court of Civil Appeals DEVON ENERGY PRODUCTION CO. v. WYCKOFF 2020 OK CIV APP 4 , 117242 Decided 12/31/2019 ¶1 Appellant, Devon Energy Production Company, L.P., seeks review of the trial court's July 25, 2018 Journal Entry of judgment in which it granted Defendants', Wyckoff, et al., 12 O.S. 2001 §2012 (B)(6) Motion to Dismiss Devon's cause of action for failure to state a claim on which relief could be granted. 1 For the reasons provided, we reverse and remand this cause to the district court for further proceedings. CRESTWOOD VINEYARD CHURCH v. CITY OF OKLAHOMA CITY 2020 OK CIV APP 3 , 117788 Decided 06/20/2019 ¶1 This case arises from a sewer backup that occurred in a church owned by Crestwood Vineyard Church, Inc. Crestwood now appeals from an order of the trial court granting summary judgment in favor of the City of Oklahoma City (the City). We reverse and remand for further proceedings. WAITS v. VIERSEN OIL & GAS CO. 2020 OK CIV APP 2 , 117192 Decided 12/20/2019 ¶1 Viersen Oil and Gas Co. appeals a decision of the district court denying prevailing party fees after Plaintiff Robert Waits dismissed his claims. On review, we affirm the decision of the district court. News Press Release 01/10/2020 The Judicial Nominating Commission (JNC) today announced the interviews for The Court of Civil Appeals, District 1, Office 1 will take place on January 31, 2020. The following individuals have applied for this judicial position: Lewis A. Berkowitz, Edmond Matthew D. Day, Tulsa Brant M. Elmore, Norman Spencer T. Habluetzel, Oklahoma City Stacie L. Hixon, Owasso Rebecca Brett Nightingale, Tulsa Sharon K. Weaver, Sand Springs. Immediately following the last interview, the JNC will deliberate and select the top three qualified candidates as nominees for the vacancy, then provide those three names in alphabetical order to the Governor. If members of the public wish to provide comments on any of these candidates, they must be provided so as to be received prior to the date of the interviews. Comments may be mailed to: Administrative Office of the Courts Attn: Tammy Reaves 2100 North Lincoln, Suite 3 Oklahoma City OK 73105 and/or Jim Webb Chair, Judicial Nominating Commission P.O. Box 18496 Oklahoma City OK 73154-0496. Press Release Dustin P. Rowe appointed to Oklahoma Supreme Court ...