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Copy Of Courts And More Leaderboards 5
Vol. 1 | No. 2 | Jan 13, 2021
Courts And More Leaderboards

Supreme Court of Oklahoma

No published opinions this week.

Court of Criminal Appeals in the State of Oklahoma

Anthony Adams Millan v. State of Oklahoma
F-2019-814
Appellant Anthony Adams Millan was tried by jury for the crime of First Degree Murder in Oklahoma County District Court Case No. CF-2017-714. In accordance with the jury’s recommendation the trial court sentenced Appellant to life imprisonment without the possibility of parole. From this judgment and sentence Anthony Adams Millan has perfected his appeal. AFFIRMED. OPINION BY: KUEHN, P.J.: ROWLAND, V.P.J.: RECUSE; LUMPKIN, J.: CONCUR IN RESULTS; LEWIS, J.: CONCUR; HUDSON, J.: CONCUR IN RESULTS.

Jazmine Shawnte Howard v. State of Oklahoma
F-2019-366
Appellant Jazmine Shawnte Howard was tried by jury for the crime of First Degree Murder and found guilty of Second Degree Depraved Mind Murder in Oklahoma County District Court Case No. CF-2017-4447. In accordance with the jury’s recommendation the trial court sentenced Appellant to 30 years imprisonment and fined her $10,000. From this judgment and sentence Jazmine Shawnte Howard has perfected her appeal. Judgment and Sentence AFFIRMED; Application for Evidentiary Hearing DENIED. OPINION BY: KUEHN, P.J.: ROWLAND, V.P.J.: CONCUR; LUMPKIN, J.: CONCUR; LEWIS, J.: CONCUR; HUDSON, J.: CONCUR.

Jeremy Scott Bettes v. State of Oklahoma
C-2020-235
Jeremy Scott Bettes pled guilty to First Degree Murder in Cleveland County District Court Case No. CF-2018-38. He sought to withdraw his plea before sentencing. On February 26, 2020, the Honorable Thad Balkman denied his motion to withdraw. He was sentenced to life without parole. Jeremy Scott Bettes has perfected his certiorari appeal of the district court’s denial of his motion to withdraw plea. Petition for Certiorari DENIED. OPINION BY: Kuehn, P.J.: ROWLAND, V.P.J.: CONCUR; LUMPKIN, J.: CONCUR IN RESULTS; LEWIS, J.: CONCUR; HUDSON, J.: CONCUR.

Court of Civil Appeals in the State of Oklahoma

JUDICIAL DIVISIONS ASSIGNMENTS AND ELECTION OF PRESIDING JUDGES

For the calendar year 2021, the Honorable Brian Jack Goree has been elected to serve as Presiding Judge for Division One of the Court of Civil Appeals, Oklahoma City Division. Division One will consist of Brian Jack Goree, Presiding Judge; E. Bay Mitchell, III, Judge; and a judge to sit by designation in the absence of retiring Judge Kenneth L. Buettner.

For the calendar year 2021, the Honorable Jane P. Wiseman has been elected to serve as Presiding Judge of Division Two of the Court of Civil Appeals, Tulsa Division. Division Two will consist of Jane P. Wiseman, Presiding Judge; Deborah B. Barnes, Judge; and P. Thomas Thornbrugh, Judge.

For the calendar year 2021, the Honorable Trevor Pemberton has been elected to serve as Presiding Judge of Division Three of the Court of Civil Appeals, Oklahoma City Division. Division Three will consist of Trevor Pemberton, Presiding Judge; Barbara G. Swinton, Chief Judge; and Robert D. Bell, Judge.

For the calendar year 2021, the Honorable Stacie L. Hixon has been elected to serve as Presiding Judge of Division Four of the Court of Civil Appeals, Tulsa Division. Division Four will consist of Stacie L. Hixon, Presiding Judge; John F. Fischer, Vice-Chief Judge; and Keith Rapp, Judge.

Judge Barbara G. Swinton has been elected to serve as Chief Judge of the Court of Civil Appeals of the State of Oklahoma for the year 2021. Judge John F. Fischer has been elected to serve as Vice-Chief Judge of the Court of Civil Appeals of the State of Oklahoma for the year 2021.

LAWSON v. CITIZEN ENERGY II
2021 OK CIV APP 1
Case Number: 117799
Decided: 04/07/2020
Mandate Issued: 01/07/2021

DIVISION I

HAROLD LAWSON, TRUSTEE OF THE HAROLD LAWSON LIVING TRUST, Plaintiff/Appellant, v. CITIZEN ENERGY II, LLC, AN OKLAHOMA LIMITED LIABILITY COMPANY AND ROAN RESOURCES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, Defendants/Appellees.

APPEAL FORM THE DISTRICT COURT OF CANADIAN COUNTY, OKLAHOMA, HONORABLE PAUL HESSE, TRIAL JUDGE

AFFIRMED

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COURT OF CIVIL APPEALS, STATE OF OKLAHOMA, DIVISION III

January 11, 2021
117,595 - In Re the Marriage of Randy D. Edmonson, Petitioner/Appellee, vs. Shonie J. Edmonson, Respondent/Appellant. Appeal from the District Court of Pottawatomie County, Oklahoma. Honorable Jennifer Brock, Trial Judge. Respondent/Appellant Shonie J. Edmonson (Wife) appeals the trial court’s Order modifying child support. Petitioner/Appellee Randy D. Edmonson (Husband) opposed modification of the child support provision entered as part of the parties’ agreed dissolution decree, but has not appealed the order. Wife has not shown an abuse of discretion in the order on appeal and we AFFIRM. Opinion by SWINTON, C.J.; PEMBERTON, P.J., and BELL, J., concur.

118,449 - In the Matter of I.T., Deprived Child. State of Oklahoma, Petitioner/Appellee, vs. Randy Thompson, Respondent/Appellant. Appeal from the District Court of Oklahoma County, Oklahoma. Honorable Cassandra M. Williams, Trial Judge. Respondent/Appellant Randy Thompson appeals a judgment terminating his parental rights to I.T. (the child). Petitioner/Appellee the State of Oklahoma sought to terminate Thompson’s parental rights on the statutory grounds of length of time in foster care and incarceration. Following trial, the jury returned its verdict finding that termination was warranted based on length of time in foster care and that termination was in the child’s best interests. Clear and convincing evidence presented at trial supports termination and we AFFIRM. Opinion by SWINTON, C.J.; PEMBERTON, P.J., and BELL, J., concur.

January 8, 2021
118,507 - In the Matter of the Assessment for Tax Year 2011 of Certain Personal Property owned by Missouri Gas Energy, A Division of Southern Union Company. Missouri Gas Energy, Petitioner/Appellee. v. Grant County Assessor and Grant County Board of Equalization, Respondents/Appellants. Appeal from the District Court of Grant County, Oklahoma. Honorable Paul K, Woodard, Trial Judge. Respondents/Appellants Grant County Assessor and Grant County Board of Equalization (collectively, County) appeal summary judgment granted to Petitioner/Appellee Missouri Gas Energy (MGE) in its challenge to the assessment of tax on natural gas temporarily stored in Grant County. This case was previously remanded to the trial court with directions to determine the amount of gas exempt from ad valorem tax under the Freeport Exemption. The record shows no dispute of the material facts that the amount claimed by MGE as being exempt was purchased outside Oklahoma, stored in Oklahoma for nine months or less, and sold outside Oklahoma. MGE was entitled to judgment as matter of law and we AFFIRM. Opinion by SWINTON, V.C.J.; MITCHELL, P.J., and PEMBERTON, J., concur.

117,659 - Judy Ann Griffith, Individually and as Trustee of the Judy Ann Griffith Trust, Plaintiff/Appellant, v. George Franklin Autrey a/k/a George Autry, Individually and as Trustee of the Autry Family Trust, Defendant/Appellee, and Southwestern Energy Company, a Corporation, Defendant. Appeal from the District Court of McClain County, Oklahoma. Honorable Leah Edwards, Judge. This appeal concerns the interpretation of a document entitled Stipulation of Interest and Cross-Conveyance (“Stipulation”). The trial court held the Stipulation operates as a bar to Plaintiff’s action to recover royalty interests admittedly overpaid to her co-tenant/brother Defendant. We hold the Stipulation is merely an agreement between the parties that states each owns a fifty percent (50%) fee simple interest in certain minerals; it does not constitute a release of Plaintiff’s claims against Defendant. Accordingly, we reverse the trial court’s judgment and remand for further proceedings. REVERSED AND REMANDED. Opinion by BELL, J.; SWINTON, C.J., and PEMBERTON, P.J., concur.

117,969 - Ann Murray, Petitioner/Appellee, v. Russell Murray, Respondent/Appellant. Appeal from the District Court of Tulsa County, Oklahoma. Honorable Owen Evans, Trial Judge. This appeal concerns the denial of Appellant Russell Murray’s Motion to Vacate Request for New Trial. Although Appellant presents several issues on appeal, Appellant fails to include a comprehensive record, and includes only limited portions of the trial transcript on appeal. When error is not shown, or its presence cannot be ascertained from an incomplete, deficient or equivocal record, an appellate court must always yield to the law’s presumption that the trial court’s decision is legally correct. Because Appellant presented a deficient record on appeal by not including the entire trial transcript in the record, we must presume facts underlying the trial court’s judgment were proven. Therefore, we presume the trial court did not err in denying Appellant’s Motion to Vacate Request for New Trial, and affirm the trial court’s denial of Appellant’s Motion. Opinion by PEMBERTON, P.J.; SWINTON, C.J., and BELL. J., concur.

January 6, 2021
118,264 - Laura Bowman, Petitioner/Appellant, v. The Oklahoma Police Pension and Retirement Board, State of Oklahoma, Respondent/Appellee. Appeal from the District Court of Oklahoma County, Oklahoma. Honorable Don Andrews, Trial Judge. Petitioner/Appellant, Laura Bowman, appeals from the trial court’s dismissal of her appeal from an administrative decision of Respondent/Appellee, the Oklahoma Police Pension and Retirement Board. Bowman was seriously injured in the line of duty as an officer with the Norman Police Department. Both her doctor and the Board’s physician determined Officer Bowman was permanently disabled as a result of her injuries, but differed as to the degree. After conducting a hearing, the Board granted Bowman a disability pension based on the lower percentage of disability. Bowman filed a petition for administrative review with the district court within thirty (30) days of the Board’s decision, as required by 11 O.S. 2011 §50-129. However, Bowman did not give the Board notice of her intent to appeal within ten (10) days of the decision, also as required by §50-129. Board moved to dismiss on jurisdictional grounds, which the trial court sustained. A substantially similar statute was addressed in State ex rel. Okla. Employment Sec. Comm’n v. Emergency Physicians, Inc., 1981 OK 82, 631 P.2d 743, where the Court held the ten (10) day notice provision of 40 O.S. 1971 §224(g) is mandatory and a jurisdictional prerequisite to seek review. We hold the procedural requirements for appeal set forth in §50-129 are mandatory and must be complied with before a district court can acquire jurisdiction for review. AFFIRMED. Opinion by BELL, J.; SWINTON, C.J., and PEMBERTON, P.J., concur.

119,008 - In Re The Estate Of Terry Hall, Deceased: Dawn Hall Jackson, Petitioner/Appellant, v. Joy Hall, Respondent/Appellee. Appeal from the District Court of Adair County, Oklahoma. Honorable J. Jeffrey Payton, Trial Judge. In this probate proceeding, Petitioner/Appellant, Dawn Jackson, the daughter of Decedent Terry Hall, appeals from the probate court’s summary judgment in favor of Respondent/Appellee, Joy Hall, Decedent’s surviving spouse. The judgment admitted Decedent’s last will and testament to probate and found Joy Hall competent to serve as personal representative of Decedent’s estate. The judgment also vacated the court’s previous appointment of J. Bryant Jones as the administrator of the estate. After reviewing the record, we AFFIRM. Opinion by BELL, J.; SWINTON, C.J., and PEMBERTON, P.J., concur.

118,449 - In the Matter of I.T., Deprived Child. State of Oklahoma, Petitioner/Appellee, vs. Randy Thompson, Respondent/Appellant. Appeal from the District Court of Oklahoma County, Oklahoma. Honorable Cassandra M. Williams, Trial Judge. Respondent/Appellant Randy Thompson appeals a judgment terminating his parental rights to I.T. (the child). Petitioner/Appellee the State of Oklahoma sought to terminate Thompson’s parental rights on the statutory grounds of length of time in foster care and incarceration. Following trial, the jury returned its verdict finding that termination was warranted based on length of time in foster care and that termination was in the child’s best interests. Clear and convincing evidence presented at trial supports termination and we AFFIRM. Opinion by SWINTON, C.J.; PEMBERTON, P.J., and BELL, J., concur.


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NOTICE OF HEARING

ASHLEY K. ADRIANSE, SCBD # 7007 TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION Notice is hereby given pursuant to Rule 11.3(b), Rules Governing Disciplinary Proceedings, 5 O.S., ch. 1, app. 1-A, that a hearing will be held to determine if Ashley K. Adrianse should be reinstated to active membership in the Oklahoma Bar Association. Any…

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JNC: Interviews for Oklahoma County Vacancies

February 11, 2021–On Tuesday, March 9, 2021, the Judicial Nominating Commission (JNC) will conduct interviews for the position of District Judge in Oklahoma County, 7th Judicial District, Office 9. As previously announced, the following applicants will be interviewed for this position: Anthony L. Bonner, Jr., Midwest City Brock R. Ellis, Oklahoma City Erick W. Harris,…

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Cooking Through the Snow

The lingering and dramatic Oklahoma winter weather at least is giving us more reason to use our soup kettles and slow cookers. Chili, soup and hearty food season continues. While the internet often is our go-to to look up recipes, there’s nothing like going through a well-worn cookbook. The 2011 OBA cookbook, “Justice is Served,”…

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The OBA Calendar

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Fri 26

Board of Governors Meeting

February 26 @ 10:00 am - 12:00 pm
Fri 26

Law Day Committee Meeting – Virtual

February 26 @ 12:00 pm - 1:30 pm
Fri 26

Cancelled-Board of Editors Virtual Meeting

February 26 @ 3:00 pm - 4:30 pm
Jim's LPT Blog

Dodging Microsoft Tech Support Phone Scams

That helpful person calling from Microsoft Tech Support is most likely a scammer. The odds go up to 100% if they tell you they noticed a problem with your computer and are calling to help you fix it. You can easily test that premise by telling them they have just reached an FBI agent and…

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COURTS

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