Vol. 1 | No. 21 | May 26, 2021
Oklahoma Supreme Court
JOHNSON v. MIDWEST CITY DEL CITY PUBLIC SCHOOLS
2021 OK 29, 118088
Decided 05/25/2021
¶ 0 Darlene Johnson, Appellant, was a school cafeteria worker who sought treatment and compensation from her employer for injuries sustained from a fall inside the employer's parking lot. Employer denied the claim, arguing Johnson was not in the course and scope of employment because her injuries did not occur "inside the employer's facility" within the meaning of 85A O.S.Supp.2013, § 2 (13)(d). 1 The administrative law judge awarded benefits to Johnson, finding that her accidental personal injuries occurred inside the employer's facility and arose in the course and scope of employment as defined by Section 2(13)(d). The Workers' Compensation Commission reversed this decision finding the administrative law judge misapplied the law and determined that Johnson was not in the course and scope of employment at the time of her injuries because the parking lot was not "inside the employer's facility." The Court of Civil Appeals affirmed the decision by the Commission. We vacate the opinion by the Court of Civil Appeals and hold that the decision of the administrative law judge was neither against the clear weight of the evidence nor contrary to law and further that the decision of the Workers' Compensation Commission was in excess of statutory authority or jurisdiction and affected by other errors of law. COURT OF CIVIL APPEALS' OPINION VACATED; ORDER OF WORKERS' COMPENSATION COMMISSION EN BANC REVERSED AND REMANDED FOR PROCEEDINGS CONSISTENT WITH THIS OPINION.
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. NICHOLS
2021 OK 28, SCBD-6888
Decided 05/25/2021
¶0 Complainant State of Oklahoma ex rel. Oklahoma Bar Association charged Respondent Brandon S. Nichols with two counts of professional misconduct including: (1) his failure to timely notify his clients and withdraw from their cases upon receiving a one year suspension for his failure to comply with his mandatory continuing legal education requirements for the year 2018, and (2) for engaging in the unauthorized practice of law during his one year suspension. The Professional Responsibility Tribunal recommended Respondent be suspended for one year from the last date of Respondent's unauthorized practice of law. We hold there is clear and convincing evidence that the totality of Respondent's actions warrant suspension for two years from the last date of Respondent's unauthorized practice of law. Respondent is ordered to pay the costs as herein provided within ninety days after this Opinion becomes final.
2021 OK 27, 118881
Decided 05/25/2021
¶0 The United States Court of Appeals for the Tenth Circuit certified two questions of state law to this Court pursuant to the Revised Uniform Certification of Questions of Law Act, 20 O.S.2011 §§ 1601-1611.
2021 OK 26, 117918
Decided 05/25/2021
¶0 Respondent/Appellee Adrieanna Guzman (Adrieanna), an adoptive parent of a minor child, seeks review on certiorari of a published opinion by the Court of Civil Appeals, Division II, filed on January 6, 2020, reversing a decision by the Honorable Barbara Hatfield, District Judge, Canadian County. The trial court dismissed the petition for paternity filed by Petitioner/Appellant Carmen Guzman (Carmen) against her spouse Adrieanna Guzman. The child was adopted by Adrieanna, but was not adopted by Carmen. We hold Carmen, as a step-parent did not have standing, and we vacate the Court of Civil Appeals's opinion and affirm the trial court's order dismissing the petition for paternity.
Oklahoma Court of Criminal Appeals
STATE ex rel. DISTRICT ATTORNEY v. WALLACE
2021 OK CR 15
Decided 05/21/2021
¶1 The State of Oklahoma, by Mark Matloff, District Attorney of Pushmataha County, petitions this Court for the writ of prohibition against enforcement of Judge Jana Wallace's April 13, 2021 order granting post-conviction relief, vacating and dismissing the second degree murder conviction of Clifton Merrill Parish in Pushmataha County Case No. CF-2010-26.
STATE v. ALLEN
2021 OK CR 14, S-2019-849
Decided 05/20/2021
¶1 The State of Oklahoma charged Kelvin Wayne Allen, Appellee, by Information in the District Court of Craig County, Case No. CF--2018--25, with Child Neglect (Count 1), in violation of 21 O.S.Supp.2014, § 843.5 (C), and Conspiracy to Commit Child Neglect (Count 2), in violation of 21 O.S.2011, § 421 . The State charged Tami Leann Ware, Appellee, by Information in the District Court of Craig County, Case No. CF--2018--26, with the same crimes, i.e., Child Neglect (Count 1) and Conspiracy to Commit Child Neglect (Count 2).
STATE v. ALLEN
2021 OK CR 13, S-2019-849
Decided 05/20/2021
¶1 Upon further deliberation, we find that the prior opinion handed down in the above styled and numbered appeal on January 28, 2021, should be released for publication.
Oklahoma Court of Civil Appeals
BALES v. STATE ex rel. OKLA. REAL ESTATE APPRAISER BOARD
2021 OK CIV APP 18, 117238
Decided 12/03/2020
¶1 Matthew Bales and Garret Pearce (Appellants) appeal from the trial court's order affirming the decision of the Oklahoma Real Estate Appraiser Board to, among other things, suspend Appellants' appraiser credentials for a period of thirty days. Based on our review, we affirm.
NEW. For an easier reading experience, click here for this week's Dispositions Other Than By Published Opinion.
Candidates for JNC Lawyer Positions
The Oklahoma Bar Association announces candidates for the District 5 and District 6 lawyer positions on the volunteer Oklahoma Judicial Nominating Commission.
District 5 is composed of Oklahoma County, excluding eastern Oklahoma County and south of 89th Street. District 6 is composed of 23 counties in the north central and northwestern part of the state, as they existed in 1967.*
Nominating petitions closed on a Friday, May 21.
- Joel C. Hall, Oklahoma City
- Jimmy R. Harmon, Oklahoma City
- Gary W. Wood, Oklahoma City
- David K. Petty, Guymon
- Jason P. Blose, Wellston
The Process
-
June 4 - Ballots mailed to active attorneys in good standing in Districts 5 and 6.
-
June18, 5 p.m. - Ballots must be received at the Oklahoma Bar Center
-
June 21 - Ballots tabulated and election results posted
It is important to the administration of justice that the OBA members in the Congressional Districts 5 and 6 become informed on the candidates and cast their votes. The framers of the constitutional amendment entrusted to the lawyers the responsibility of electing qualified people to serve on the Commission. Hopefully, the lawyers in Congressional Districts 5 and 6 will fulfill their responsibility by voting.
Applicants for District Judge in Oklahoma County
May 19, 2021 – The Judicial Nominating Commission (JNC) announced today the following individuals have applied for the position of District Judge in Oklahoma County, Seventh Judicial District, Office 6.
- Kaitlyn G. Allen, Edmond
- John E. Barbush, Edmond
- Lewis A. Berkowitz, Edmond
- Bonnie J. Blumert, Oklahoma City
- Sara Murphy Bondurant, Edmond
- Charles “Brent” Dishman, Edmond
- Brock R. Ellis, Oklahoma City
- Emily N. Harrelson, Oklahoma City
- Albert J. Hoch, Jr., Warr Acres
- Richard W. Kirby, Oklahoma City
- Kathryn R. Savage, Arcadia
- Jason S. Seabolt, Oklahoma City
- Thomas C. Riesen, Oklahoma City
- Chelsea C. Smith, Oklahoma City
- Lucas R. Stephens, Oklahoma City
- Brian P. Young, Oklahoma City
After review of the applications and any publicly available background information, the JNC will schedule a meeting to make a first cut of the applicants. That meeting has yet to be scheduled, but it will likely be in the second half of June. The names of the remaining applicants will then be provided to the OSBI to conduct full background investigations, and the JNC will schedule interviews of those applicants as soon as practicable after the OSBI completes its work.
The JNC strongly encourages the public to submit comments on these applicants. 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
Chesapeake Energy Corporation
PO Box 18496
Oklahoma City, OK 73154-0496
It's Nomination Season
The OBA Awards Nomination season is upon us. Nominations are open through July 1, 2021. An online nomination form is available on the Awards page.
An online nomination form is also available for nominations for the Ada Lois Sipuel Fisher Diversity Committee. Nominations will be accepted through August 3, 2021, for its awards program.
Whether you are hiring, looking for a career move, offering office space or searching for a service - let the OBA Classified service help.
WORD Keyboard Shortcuts
By Jim Calloway
Keyboard shortcuts are real time savers, especially when editing documents in Microsoft Word. But keyboard shortcuts are only useful if committed to memory and the only way I’ve been able to memorize keyboard shortcuts is by using them. Practice management solution, Rocket Matter, has produced a pair of keyboard shortcut Cheat Sheets in PDF. One for Microsoft Word in Windows and another for Word in Mac. They are suitable for printing and positioning by your keyboard for easy quick reference. Even if you just memorize one or two that you use frequently, they are still time-savers. Download Rocket Matter’s Word Cheat Sheets. (No email address is required.)
