The Crime Report

JUNE 2, 2021

The department pointed to the Arizona statute allowing a defendant sentenced to death to choose between lethal injection or lethal gas at least 20 days before the execution date. Lethal gas is permitted for executions in six other states: Alabama, California, Mississippi, Missouri, Oklahoma and Wyoming.

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The Crime Report

JUNE 14, 2022

Justices heard arguments in Oklahoma v. Castro-Huerta in April, a case which will relitigate the State of Oklahoma’s ability to prosecute crimes involving Native Americans in Indian country. Justice Neil Gorsuch wrote the dissent.

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Court Misdemeanor Government Statute 97

At the Lectern

JULY 12, 2021

First, the court resolves a statute of limitations issue. ” Thus, the plaintiff’s lawsuit was brought within the applicable two-year statute of limitations when he filed suit on his 20th birthday. City of Fontana , that is.

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SCOTUSBlog

JANUARY 23, 2024

No longer the only horseracing regulators in town, a group of states, led by Oklahoma, and their racing commissions went to federal court in Kentucky. The new statute authorizes the agency to issue its own rules that “abrogate, add to, and modify the rules of the” horseracing authority. In Oklahoma v. Oklahoma v.

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SCOTUSBlog

JUNE 16, 2022

The most controversial provisions of that statute, addressed in Ysleta , are the provisions that govern the tribes’ subjection to Texas gambling regulations. Conversely, the second provision “insists that the statute does not grant Texas civil or criminal regulatory jurisdiction with respect to … gaming.”.

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Court Statute Government Laws 75

The Researching Paralegal

JUNE 30, 2024

Imagine you need to research legislative history to determine the meaning of an ambiguous statute, these are the folks who can teach and help you take a deep dive into the committee notes, revisions, and everything you would need to determine the legislative intent for the statute. I would not miss this one.

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Legal Research Legal Legal Statute 40

SCOTUSBlog

OCTOBER 5, 2023

Justin Sneed murdered Barry Van Treese, owner of an Oklahoma City motel, in one of the guest rooms. Before the Oklahoma Court of Criminal Appeals, the state confessed error and said Glossip’s conviction should be vacated, though the attorney general still believed Glossip to be culpable. Criminal law We are now in the home stretch.

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Tort Court Litigation Litigating 133

SCOTUSBlog

APRIL 15, 2022

By statute, one factor that can support a continuance for the “ends of justice” occurs when “the failure to grant such a continuance in the proceeding would be likely to make a continuation of such proceeding impossible.” City of Edmond, Oklahoma v. In his petition , Gottesfeld maintains that the circuits are split on this question.

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JonathanTurley

NOVEMBER 21, 2021

Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. ” The Oklahoma Supreme Court last week struck down a $465 million opioid award against Johnson & Johnson based on a legal theory that has previously been tried and failed against guns.

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SCOTUSBlog

APRIL 16, 2021

Oklahoma last term, the court confronted the complex past of Oklahoma’s Native nations, Chehalis turns on the unique legal history of Alaskan Natives. Immediately at stake in the answer is billions of dollars in federal CARES Act funding. First, some background. Just as, in McGirt v.

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Patently O

APRIL 27, 2022

By Sarah Burstein, Professor of Law at the University of Oklahoma College of Law. Presumably, this acronym is meant to suggest that these are new types of designs, uncontemplated by Congress when it passed statutes that—according to some—are in need of “modernization.”. For prior PatentlyO coverage, see here.)

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Constitutional Law Reporter

AUGUST 22, 2023

Hetronic sued Abitron in the Western District of Oklahoma for trademark violations under two related provisions of the Lanham Act, both of which prohibit the unauthorized use in commerce of protected marks when that use is likely to cause confusion.

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SCOTUSBlog

NOVEMBER 2, 2022

After a dispute over the trademarks for remote controls used to operate heavy construction equipment, a jury awarded Oklahoma-based Hetronic International, Inc. Hetronic International, Inc. involves the international reach of the Lanham Act, which provides civil remedies for infringement of U.S. trademarks. 14 and Oct. 28 conferences).

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Broadcast Law Blog

JANUARY 29, 2023

Notwithstanding the extension, licensees should not wait until the last minute to upload documents, as there may still be residual issues with the system for some time.

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Sports Manufacturing Statute Laws 98

SCOTUSBlog

FEBRUARY 24, 2022

Oklahoma during the 2019-20 term, asked whether a federal criminal statute could include a racial classification, and whether that was relevant in assessing whether a provision of the tribal code was actually federal law. Justice Samuel Alito, in a series of questions reminiscent of concerns he raised in oral argument in McGirt v.

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Broadcast Law Blog

APRIL 13, 2016

A few states, including New Jersey and Florida, have passed criminal statutes making pirate radio illegal, but such enforcement, in the few cases that I have dealt with in those states, has tended to be a low enforcement priority for state authorities. What is the reality of this actually happening?

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JURIST

OCTOBER 20, 2021

A group of civil rights organizations filed suit on Tuesday challenging Oklahoma HB 1775 , which prevents public schools from requiring students to learn about critical race theory and gender discrimination. ” It prohibits implying that students of any race should feel shame for the actions of their ancestors. .”

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JURIST

APRIL 4, 2024

If signed, the adultery statute will be immediately repealed. The bill states the purpose of repealing the law is to remove an “outdated statute criminaliz[ing] sexual behavior between consenting adults.” Oklahoma treats adultery as a felony punishable by up to five years imprisonment and/or a $500 fine.

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Misdemeanor Laws Felony Statute 223

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Oklahoma Federal Court Allowed Landowner to Proceed with NEPA Challenge of Osage Nation Oil and Gas Leases. The federal district court for the Northern District of Oklahoma denied non-federal defendants’ motion to dismiss a landowner’s lawsuit claiming that the U.S. Optimus Steel, LLC v. Army Corps of Engineers , No.

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Court Government Litigation Litigating 59

SCOTUSBlog

JULY 5, 2023

that the Lanham Act, the federal trademark statute, reaches only conduct “where the claimed infringing use in commerce is domestic” and that confusion to consumers in the United States is not relevant to the analysis. Even though Abitron largely made sales in Europe, Hetronic sued on its home turf, the Western District of Oklahoma.

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SCOTUSBlog

NOVEMBER 1, 2023

Circuit upheld the regulation, holding that “the disputed rule is consistent with the best interpretation of ‘machine gun’ under the governing statutes.” In Cargill , the en banc U.S. relisted after the Sept. 13 and Oct 27 conferences) Glossip v. rescheduled before the Mar. 28, and May 11 conferences; relisted after the Sept.

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JURIST

SEPTEMBER 11, 2021

One clinic in Oklahoma said “the numbers of calls it received from Texans increased from approximately three to five calls per day to between fifty and fifty-five.” The DOJ also said that the law regulates areas that are preempted by federal government authority because of the impact this ban will have on interstate commerce.

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SCOTUSBlog

JANUARY 12, 2022

Oklahoma cases as a single case — that I have to be extremely summary. Oklahoma that Congress had not clearly disestablished a Creek Nation reservation covering much of eastern Oklahoma, and thus the area remained Native American territory for the purposes of a federal criminal law, eliminating the state’s ability to prosecute crimes there.

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SCOTUSBlog

NOVEMBER 15, 2023

The court considered the statutes ambiguous, which meant that under normal principles of Indian Law, they must be construed in favor of the tribe. Court of Appeals for the 9th Circuit held , in a case involving Arizona’s San Carlos Apache Indian Tribe, that the payments must also include services covered by insurance. relisted after the Sept.

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SCOTUSBlog

OCTOBER 10, 2024

At issue in Oklahoma v. Brenda Evers Andrew was convicted in Oklahoma state court of conspiring with her boyfriend, James Pavatt, to murder her estranged husband, Robert Andrew. New Relists Oklahoma v. And the justices have allowed one relist from last term to hang around over the summer. The most intriguing is Andrew v.

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SCOTUSBlog

MARCH 20, 2023

The facts Hetronic, based in Oklahoma, manufactures and sells radio remote controls that operate heavy-duty construction equipment. A jury in Oklahoma City awarded Hetronic more than $90 million. Therefore, a party claiming that a federal statute applies extraterritorially can have essentially two bites at the apple.

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JURIST

JUNE 30, 2024

The court did not find either situation to be the case because “[t]he statute does not prevent medical providers from treating children with gender dysphoria with [alternative treatments], nor does it prohibit them from providing those medical procedures to adults.”

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Court Felony Healthcare Statute 104

SCOTUSBlog

JUNE 6, 2024

Oklahoma ,” which is now being briefed for argument in the fall. Now before the Supreme Court a second time, Escobar argues first that his case “presents the same question as Glossip v. 26 and May 9 conferences; relisted after the May 16, May 23 and May 30 conferences) Jane Doe 1 v. Kentucky ex rel.

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The Crime Report

JANUARY 5, 2023

The bill, if enacted, would make providing or referring for this kind of care to anyone under 26 years old a felony offense with a statute of limitations of 40 years. .

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SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. Oklahoma , 22-6500 Issues : (1) Whether a court may require a defendant to demonstrate by clear and convincing evidence that no reasonable fact finder would have returned a guilty verdict to obtain relief for a violation of Brady v. Nelson ,…517 U.S. 26 and Oct.

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SCOTUSBlog

JANUARY 23, 2025

Oklahoma Statewide Charter School Board v. Relisted after the Jan. 10 and Jan. 17 conferences.) Relisted after the Jan. 10 and Jan 17 conferences.)

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Court Tort Education Government 124

ClimateChange-ClimateLaw

JUNE 14, 2023

There are several statutes that form the basis of our antitrust laws. Texas, Kentucky, and others, most recently Oklahoma, have all released their own blacklists of financial companies prohibited from doing business with those states. And what are the permissible boundaries of that behavior?

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Finance Government Laws Legal 105

LegalReader

JANUARY 30, 2023

Protest is not terrorism, but in post-9/11 America, anti-terrorism statutes are weaponized against protest and dissent.

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Statute 122

JURIST

MAY 31, 2023

The Oklahoma Supreme Court Wednesday struck down two abortion bans as unconstitutional, but abortion remains illegal in the state. ” Because both statutes require a “medical emergency” for a physician to legally perform an abortion, the court found them unconstitutional.

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Court Statute Attorney Legal 192

SCOTUSBlog

JANUARY 14, 2022

McCall , a tire manufacturer resists Georgia courts’ exercise of jurisdiction on the basis of its compliance with Georgia’s registration statute for foreign corporations. Oklahoma applies retroactively to convictions that were final when McGirt was decided. In Cooper Tire & Rubber Company v. 3582(c)(1)(A)(i). Beaudreaux , Cullen v.

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Court Manufacturing Statute Laws 111

JURIST

MAY 9, 2024

They first argue that the federal government has exclusive power to regulate immigration and that Iowa’s law conflicts with federal immigration statutes. For example, Oklahoma’s House of Representatives recently passed a law criminalizing both illegal presence in Oklahoma and reentering after deportation.

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Immigration Laws Misdemeanor Felony 104

The Crime Report

DECEMBER 1, 2022

The National Advocates for Pregnant Women, a legal advocacy group, says Wisconsin’s fetal protection law is the most “egregious” of the civil statutes in the country. The four other states which permit civil commitment — the Dakotas, Oklahoma and Minnesota — all require “clear and convincing evidence.”.

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