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GRIFFIN 2024 OK 32 , SCBD-7650 Decided 05/06/2024 ¶1 Before the Court are (1) the affidavit of Respondent Lee Griffin, filed pursuant to Rule 8.1, Rules Governing Disciplinary Proceedings (RGDP), 5 O.S.2021, ch. 1, app. 1-A, requesting that this Court allow her to resign from the Oklahoma Bar Association (OBA) and relinquish her right to practice law; and (2) the OBA’s Application for Order Approving Resignation Pending Disciplinary Proceedings. REVOCATION OF CREDENTIALS OF REGISTERED COURTROOM INTERPRETERS 2024 OK 31 , SCAD-2024-33 Decided 05/06/2024 No Description Available, please check the website. REVOCATION OF CERTIFICATES OF CERTIFIED SHORTHAND REPORTERS 2024 OK 30 , SCAD-2024-32 Decided 05/06/2024 No Description Available, please check the website. Court of Criminal Appeals SWAGER v. STATE 2024 OK CR 12 , F-2022-620 Decided 05/02/2024 ¶1 Appellant, Kevin Swager, was tried and convicted by a jury in the District Court of Delaware County, Case No. CF-2021-92, of Count 1: Child Sexual AbuseVictim Under Twelve (Rape in the First Degree by Instrumentation), in violation of 21 O.S.Supp.2019, § 843.5 ; and Count 2: Child Sexual AbuseVictim Under Twelve (Lewd Molestation), in violation of 21 O.S.Supp.2019, § 843.5 . The jury sentenced Swager to twenty-five years imprisonment on each of the two counts. JACKSON v. STATE 2024 OK CR 11 , F-2021-485 Decided 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-2019-542 Decided 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. Court of Civil Appeals SWAIN v. UNITED AUTOMOBILE INSURANCE CO. 2024 OK CIV APP 15 , 120117 Decided 12/21/2023 ¶1 United Automobile Insurance Company appeals from a judgment entered upon a jury verdict in which the jury awarded Karen Swain compensatory damages for United’s breach of the covenant of good faith and fair dealing and punitive damages, and the trial court’s award of attorney fees. We reverse and remand with directions to enter judgment for United. PHIL BOEVERS ENTERPRISES v. BECK 2024 OK CIV APP 14 , 121053 Decided 11/09/2023 ¶1 Plaintiff Phil Boevers Enterprises, Inc., appeals the trial court’s orders vacating a default judgment against Defendant Gabriella Beck and vacating a judgment against Garnishee Allstate Fire and Casualty Company. After review, we affirm. GARRETT v. BELL 2024 OK CIV APP 13 , 120999 Decided 10/27/2023 ¶1 Plaintiffs David M. Garrett and the Garrett Law Office (collectively "Garrett") appeal an order granting summary judgment on their claims against attorney Richard A. Bell and the Bell Law Firm, LPPC (collectively "Bell"), in this attorney’s fee dispute. Garrett sought declaratory judgment as to the enforceability of a fee-splitting or referral agreement against Bell, and asserted various related contract and tort claims. 1 Bell asserted that an agreement to share fees on any particular case was unenforceable under Oklahoma Rule of Professional Conduct 1.5(e), and that Garrett’s claims to fees should have been brought during proceedings for fees before the Workers’ Compensation Court of Existing Claims (CEC) and were barred by the doctrine of res judicata or claim preclusion. The district court granted summary judgment to Bell. On review of the applicable law and the record, we affirm the trial court’s judgment of December 21, 2022, in part, with respect to eighteen cases Bell did not litigate in the CEC, and reverse the remainder of the district court’s judgment, and remand for further proceedings. News Press Release - District 23 Interviews 05/10/2024 On Tuesday, June 4, 2024, the Judicial Nominating Commission (JNC) will conduct interviews for the position of District Judge of Lincoln County. The following individuals have applied for this position: Sarah Lynne Bridge, Chandler Joseph Alan Dobry, Chandler Emily Jean Mueller, Chandler Mark James Pordos, Chandler Zachary Allen Privott, Chandler Immediately following the interviews, the JNC will provide the Governor a list of three nominees, and the Governor will have 60 days to make the appointment from those nominees. The JNC strongly encourages the public to continue submitting comments on these applicants. Comments may be mailed to: Administrative Office of the Courts Attn: Gina Antipov 2100 North Lincoln, Suite 3 Oklahoma City OK 73105 and/or James Bland Chair, Judicial Nominating Commission 17 East Carl Albert Parkway McAlester, Oklahoma 74501 Upcoming Oral Arguments 02/01/2024 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...