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Name Confusion up for Consideration

Wed, 06/18/2014

Donald Deason has appealed to the Oklahoma Supreme Court over the dismissal of his complaints to the state election board back in April. Deason complained that when running for OK County District Judge, his opponent, a man named Orenthel Denson, caused confusion for the voters due to the similarity of their names on the ballot, thus affecting the outcome of the election. The Oklahoma Supreme Court is expected to issue a decision later this month on whether they will add this case to their calendar.


Liability Cleared up with Killed Pursuant

Tue, 05/20/2014

Smith v. City of Stillwater: Kyle Smith was drag racing on his motorcycle when police attempted to pull him over, resulting in a pursuit that led to Kyle’s death when he crashed into a tree. Kyle’s father filed suit against the City on the grounds that the police participated in tortious conduct by pursuing Kyle. At question in this decision is whether the City owed a duty of care to Kyle during the pursuit and whether, in such a case, the City is immune from a suit being filed against them.


The Supreme Court of Oklahoma ruled in favor of the City and answered both proposed questions with a “no”. The Court found that the City and law enforcement does not owe a duty of care to an individual who is participating in a traffic violation of this nature. However, nor does the City get automatic immunity without considering a possible abuse of discretion. The case was remanded for further proceedings.

Read the full decision here

Right to a Speedy Trial Affirmed

Thu, 03/06/2014

Pierce v. Department of Public Safety: Pierce’s license was suspended until his case would be heard during a driver’s license revocation hearing. His hearing was delayed for 20 months. As a result, Pierce filed a complaint that his constitutional right to a speedy trial was violated.


The Supreme Court of Oklahoma ruled in favor of Pierce, stating that the postponement of his hearing was in violation of his rights for speedy resolution and that Pierce had acted correctly by timely requesting a hearing according to law. As a result, the Supreme Court reinstated Pierce’s driving privileges.

Read the full decision here