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Tag Archives: Oklahoma Supreme Court

New And Amended Oklahoma Uniform Jury Instructions – Juvenile.

13 Saturday Jun 2015

Posted by Celia C. Elwell, RP in Jury Instructions, Legal Writing, Oklahoma Supreme Court

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Jury instructions, Juvenile Law, Oklahoma Supreme Court, Verdict Forms

Order Adopting New and Amended Oklahoma Uniform Jury Instructions and Verdict Forms – Juvenile.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=475710

On June 8, 2015, The Oklahoma Supreme Court published its new and amended Uniform Jury Instructions and Verdict Forms – Juvenile. The District Courts of the State of Oklahoma are to implement these instructions effective thirty days from the date of the Order. -CCE

 

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William P. Statsky’s Legal Thesaurus/Dictionary.

31 Saturday Jan 2015

Posted by Celia C. Elwell, RP in Editing, Legal Analysis, Legal Dictionaries, Legal Writing, Primary Law, Proofreading, References, Research, Spell Checking

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Common Law, Justice Marian P. Opala, Legal Dictionary, Legal Reference, Legal Terminology, Legal Thesaurus, Oklahoma Supreme Court, Statsky’s Legal Thesaurus/Dictionary, William P. Statsky

Recently, I saw a Dictionary of Legal Terms advertised on Amazon. I am sure there are many excellent dictionaries, including Black’s, that are useful. I have for many years now relied on Statsky’s Legal Thesaurus/Dictionary, which was a gift from a former boss. 

At one time, I worked for Justice Marian P. Opala at the Oklahoma Supreme Court. Justice Opala was simply brilliant – I can think of no other description. He was precise in his choice of words, and worked diligently to craft his formal opinions for the Court. He was absolute stickler for legal writing perfection in every way imaginable, and he abhorred legalese.

One of my tasks was to proofread and make editing suggestions for his draft opinions. I found Statsky’s book to be invaluable. In one instance, I used it to find an alternate clause to edit an old common law phrase.

When Justice Opala asked how I had come up with the suggestion, I sweated bullets and expected to be chastised for my choice. Instead, he explained that he wanted to know how I had been able to come up with an alternative that did not change the legal meaning of his original phrase. He was impressed. I was relieved.

It would have been wonderful if I could have truthfully said that I came up with it completely on my own. Instead, I shared how I had found it in Statsky’s book.

Over time, Justice Opala got the notion that the book belonged to him. When I left his chambers for another position, Justice Opala protested when I packed it with my other belongings. I had to show him the flyleaf where my former boss had written a message to me to assure Justice Opala that it was indeed my book, and not his.

I can think of no greater endorsement than Justice Opala’s opinion. I take the book with me to legal writing seminars as a recommended addition to anyone’s reference library. And I keep a copy at the house and at the office. If you are looking for such a resource, I can endorse it without hesitation. -CCE

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Heads’ Up! A Summary of the New Oklahoma Supreme Court Rule.

19 Thursday Dec 2013

Posted by Celia C. Elwell, RP in Appellate Law, Case Law, Citations, Court Rules, Legal Writing, Oklahoma Civil Appellate Procedure, Oklahoma Supreme Court, Research

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Appellate Procedure, Citations, Oklahoma Court of Civil Appeals, Oklahoma Supreme Court, Oklahoma Supreme Court Network, OSCN

IN RE OFFICIAL PUBLICATION OF DECISIONS, SCAD-2013-63, 2013 OK 109, Decided 12/16/2013

http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=472452

There is a new official publisher of court opinions in town, and it’s not West Publishing.

On January 1, 2014, Rule 1.200 in Title 12 goes into effect. All Oklahoma practitioners should take note of this new rule affecting appellate procedure and citation format.

The Oklahoma Supreme Court becomes the “official” publisher of the Oklahoma Supreme Court and the Oklahoma Court of Civil Appeals. Whenever either the Supreme Court or the Court of Civil Appeals files an opinion with the Court Clerk, the opinion is published that same day on the home page of OSCN, the Oklahoma Supreme Court Network (http://www.oscn.net).

West Publishing Company, which had been the “official” publisher since January 2, 1954, will remain an “unofficial publisher,” along with the Oklahoma Bar Journal and other publications. Regardless, a parallel citation to the Pacific Reporter, a West publication, is still required by this rule.

If you practice in Oklahoma, you may recall when the Supreme Court started using its public domain citation form in 1997. This is now the required citation format – with some new tweaks.  Among the new requirements are citations to the opinion’s paragraph for spot citations.

The Court also addresses how it will publish Memorandum Opinions and Unpublished Opinions. For the first time, a party or individual who believes an unpublished opinion of the Supreme Court or Court of Appeals has “substantial precedential value” may ask the Court to publish that opinion. Opinions designated for publication only in the Oklahoma Bar Journal (“For Publication in O.B.J”) may not be cited as precedent.

The Rule provides examples of the new variations of the required changes in citation format. The examples are logical, and easy to understand. If you wish to make a positive impression with either Court, I would follow these changes precisely. -CCE

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Oklahoma Supreme Court Upholds Constitutionality of Controversial Workers’ Compensation Law

17 Tuesday Dec 2013

Posted by Celia C. Elwell, RP in Employment Law, Oklahoma Supreme Court, Workers' Compensation

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Oklahoma Supreme Court, Randy Ellis, Workers' Compensation

Oklahoma Supreme Court Upholds New Workers’ Compensation Law, by Randy Ellis, NewsOK

http://tinyurl.com/mg65yfj

 

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Opponents Ask Oklahoma Supreme Court To Declare New Workers’ Compensation Law Unconstitutional.

26 Tuesday Nov 2013

Posted by Celia C. Elwell, RP in Oklahoma Supreme Court, Workers' Compensation

≈ Comments Off on Opponents Ask Oklahoma Supreme Court To Declare New Workers’ Compensation Law Unconstitutional.

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Firefighter, Nolan Clay, Oklahoma Supreme Court, Oklahoman, Unconstitutional, Workers' Compensation

Seal of Oklahoma.

Oklahoma workers’ comp law challenged, by Nolan Clay, The Oklahoman, NEWSOK

http://newsok.com/oklahoma-workers-comp-law-challenged/article/3884295

 In May 2013, Oklahoma’s Governor passed a new controversial workers’ compensation law, in spite of opponents’ arguments that the change will reduce an injured employee’s benefits. The bill passed by the Governor changed Oklahoma’s workers’ compensation judicial system to a “business friendly” administrative system. The new law, which goes into effect on February 1, 2013, allows a business to “opt out” if it provides an injured worker with benefits considered equal to what would have received under the administrative system. The Oklahoma Supreme Court is now being asked to declare the new law unconstitutional. CCE

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Oklahoma Supreme Court Rules That 2011 State Abortion Law Violates Constitution

30 Wednesday Oct 2013

Posted by Celia C. Elwell, RP in Appellate Law, Oklahoma Supreme Court, State Appellate Courts, United States Supreme Court

≈ Comments Off on Oklahoma Supreme Court Rules That 2011 State Abortion Law Violates Constitution

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Abortion, Adam Liptak, Oklahoma Supreme Court, United States Supreme Court

State Court Deems Law Wide Attack on Abortion, by Adam Liptak, The New York Times (with hat tip to Howard Bashman, How Appealing Blog!)
http://perma.cc/0pTyFyfurD4

In Oklahoma Coalition For Reproductive Justice v. Cline, 2012 OK 102,
292 P.3d 27, all Justices of the Oklahoma Supreme Court concurred in a per curium opinion that this legal issue is controlled by Planned Parenthood v. Casey, 505 U.S. 833 (1992).

The Oklahoma Supreme Court held:

The challenged measure is facially unconstitutional pursuant to Casey, 505 U.S. 833. The mandate of Casey remains binding on this Court until and unless the United States Supreme Court holds to the contrary. The judgment of the trial court holding the enactment unconstitutional is affirmed and the measure is stricken in its entirety.

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