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Oklahoma Appeals – The Podcast — Government
Oklahoma Appeals – The Podcast

Conversations about Oklahoma civil appeals and litigation. A discussion of issues related to the practice of law in Oklahoma with an emphasis on recently published civil appellate court opinions (Oklahoma Supreme Court, Oklahoma Court of Civil Appeals and select federal opinions). Some episodes also include appellate law “pro tips” for practitioners.

Copyright: © 2026 Oklahoma Appeals - The Podcast

Latest Episodes:

Episode 010: Honorable Sheila Stinson, District Court Judge, Oklahoma County Jan 20, 2021

Show notes

A discussion with Judge Sheila Stinson, District Court of Oklahoma County.

Episode 009 - Part 1: Recent Opinions from the Oklahoma Court of Civil Appeals: September 2020-December 2020 Jan 06, 2021

Show notes

This week on the podcast - a discussion of the following recent opinions of the Oklahoma Court of Civil Appeals:
2020 OK CIV APP 53, 04/07/2020, NAYLES v. DODSON ("prevailing party" attorney fees in dispute relating to contract for purchase or sale of goods)
2020 OK CIV APP 54, 04/09/2020, SHRECK v. REED (claim of unequal ownership of property in partition suit)
2020 OK CIV APP 55, 07/28/2020, MINERAL ACQUISITIONS v. HAMM (action by member of a terminated limited liability company against the other member for fraud, etc.)
2020 OK CIV APP 56, 05/12/2020, DAVIDSON v. POINTE VISTA DEVELOPMENT (measure of damages for failure to close a real estate purchase agreement when agreement was terminable at will by the party alleged to be in breach)
2020 OK CIV APP 57, 10/02/2020, GRILLO VENTURES v. VU (writ of mandamus to perform impossible act)
2020 OK CIV APP 58, 05/12/2020, IN RE THE MARRIAGE OF CLEMENTS (entitlement to a retirement benefit that accrued during a portion of the marriage but that had not vested at the time of the divorce)
2020 OK CIV APP 59, 06/08/2020, IN THE MATTER OF THE ESTATE OF WHITEHOUSE (common law marriage and probate)
2020 OK CIV APP 60, 07/23/2020, PNC BANK v. UNKNOWN SUCCESSOR TRUSTEES (statute of limitations issue in a foreclosure of a mortgage securing a line of credit payable in installments)
2020 OK CIV APP 61, 10/23/2020, IN THE MATTER OF THE PROTEST TO THE DENIAL OF THE SALES TAX CLAIM FOR REFUND (retroactive application of statute of limitations that shortened time to apply for a refund of overpayment of taxes)
2020 OK CIV APP 62, 04/07/2020, LINN v. OKLAHOMA FARM BUREAU MUTUAL INSURANCE CO. (breach of contract; bad faith)
2020 OK CIV APP 63, 10/23/2020, MIDFIRST BANK v. POE (interpleader)

Episode 008: Recent Opinions from the Oklahoma Supreme Court: September 2020-December 2020 Dec 24, 2020

Show notes

This week on the podcast - a discussion of the following recent opinions of the Oklahoma Supreme Court:

2020 OK 91, 11/24/2020, HARRISON v. OKLAHOMA POLICE PENSION AND RETIREMENT SYSTEM (forfeiture of vested pension benefits in the case of a police officer convicted of a crime in the performance of duties)

2020 OK 92, 11/24/2020, SHAWAREB v. SSM HEALTH CARE OF OKLAHOMA (negligence of healthcare worker in providing a cup of hot water to a medicated patient)

2020 OK 94, 11/24/2020, IN THE MATTER OF THE ESTATE OF FULKS (venue in probate cases)

2020 OK 97, 11/24/2020, REVOLUTION RESOURCES v. ANNECY (availability of a preliminary injunction in a Surface Damage Act case...and maybe in condemnation cases more broadly)

2020 OK 99, 12/07/2020, ARVIZU v. DAVID STANLEY OF NORMAN (constitutionality of jury trial waivers)

2020 OK 104, 12/07/2020, CITY OF OKLAHOMA CITY v. BALKMAN (jurisdictional issue between Oklahoma Supreme Court and Oklahoma Court of Civil Appeals)

2020 OK 105, 12/08/2020, THURSTON v. STATE FARM MUTUAL AUTOMOBILE INSUR. CO. ("stackability" of coverage under separate uninsured motorist policies)

2020 OK 106, 12/15/2020, IN RE THE MARRIAGE OF RADER (child custody issue under the UCCJEA)

2020 OK 110, 12/15/2020, JOHNSON v. CSAA GENERAL INSURANCE CO. (assignability of post-loss insurance claim)

Episode 007: Honorable James R. Winchester, Justice Oklahoma Supreme Court Dec 09, 2020

Show notes

A discussion with Justice James R. Winchester of the Supreme Court of the State of Oklahoma.

Episode 006: Kyle Rogers, Referee,Oklahoma Supreme Court Nov 25, 2020

Show notes

This week our special guest is Kyle Rogers, a referee at the Oklahoma Supreme Court!
Show Notes:
COMANCHE NATION OF OKLAHOMA v. COFFEY, 2020 OK 90 (The trial court lacked subject matter jurisdiction due to sovereign immunity, but had jurisdiction to address the defendant's application for attorney's fees after the case was dismissed for lack of subject matter jurisdiction)

Episode 005: Judicial Selection in Oklahoma: The Judicial Nominating Commission Nov 11, 2020

Show notes

The 1960’s Oklahoma Supreme Court bribery scandal and the resulting reforms to the process of selection and retention of Oklahoma’s appellate court judges and justices. We also discuss the results of the recent retention ballot and compare the results to the trends in retention going back to 2000.
Show Notes:

Judicial Nominating Commission

Results of 2020 Judicial Retention Vote

Book- Justice for Sale: Shocking Scandal of Oklahoma Supreme Court (by Justice Berry and James E. Alexander, 1996)
Book- How Bad It Was How Good It Is: The Value of an Independent Oklahoma Judiciary (by Bob Burke, 2015)
Article- SCANDAL SHAKES OKLAHOMA COURT; Two Judges Accused of Tax Evasion and Link to Payoff (The New York Times, 1964)
Article- Judiciary’s dark days recalled: Before, after court reform chronicled (Tulsa World, 2020)
Article- State Chamber plans to publicize its judicial ratings: State Chamber plans to tell of its evaluations; some critics claim bias (Tulsa World, 2012)
CourtFacts.org (Oklahoma Bar Association)

Episode 004: Melanie Wilson Rughani, Appellate Practice in Oklahoma Oct 28, 2020

Show notes

This week we have a special guest, Melanie Wilson Rughani, co-chair of the Appellate and Initiative Petition Practice Groups at Crowe and Dunlevy. Melanie tells us about her background and her road to becoming an appellate practitioner. She also shares several great practice tips.
We also briefly cover these recently released opinions from the Oklahoma Court of Civil Appeals and the Oklahoma Supreme Court:
2020 OK 87, 10/13/2020, SUTTON v. DAVID STANLEY CHEVROLET (Arbitration clause and fraud in the inducement in a vehicle purchase contract)

2020 OK 88, 10/13/2020, IN THE MATTER OF THE ESTATE OF FORESEE (Right to control the remains of a deceased person)

2020 OK 89, 10/20/2020, WHITE STAR PETROLEUM v. MUFG UNION BANK (Bankruptcy and lien issues in oil and gas)
2020 OK CIV APP 51, 08/09/2019, IN THE MATTER OF THE ESTATE OF STITES (Interplay between a failed Transfer on Death Deed and a Will)

Episode 003 - Part 2: Recent Opinions from the Oklahoma Court of Civil Appeals: January 2020-August 2020 Oct 21, 2020

Show notes

Part 2 of a review of highlights from the Oklahoma Court of Civil Appeals from January through August 2020.
Show Notes:
2020 OK CIV APP 48, 08/27/2020, EWING JOINT LIVING TRUST v. MCHENRY (Judge conducts a site visit to the property at issue at the conclusion of a bench trial)
2020 OK CIV APP 19, 466 P.3d 590, 05/10/2019, THE MATTINGLY LAW FIRM v. HENSON (Remedy of "reverse veil piercing" as applied to the assets of an Oklahoma LLC)
2020 OK CIV APP 22, 466 P.3d 628, 08/30/2019, MADRID v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. (Settlement of a claim for less than liability limits is not a bar to recovery under uninsured motorist policy)

Episode 003 - Part 1: Recent Opinions from the Oklahoma Court of Civil Appeals: January 2020-August 2020 Oct 14, 2020

Show notes

Recent opinions from the Oklahoma Supreme Court plus Part 1 of a review of highlights from the Oklahoma Court of Civil Appeals from January through August 2020.
Show Notes:
New Oklahoma Supreme Court cases discussed
2020 OK 75, 09/21/2020, WHIPPLE v. PHILLIPS AND SONS TRUCKING (work-related death and workers compensation)
2020 OK 79, 09/28/2020, IN RE STATE QUESTION No. 813, INITIATIVE PETITION No. 429 (gist insufficient in legalization of marijuana IP)
2020 OK 81, 09/29/2020, TOCH, LLC v. CITY OF TULSA (municipal law regarding tourism districts)
2020 OK 83, 10/06/2020, PURCELL v. PARKER (OWRB notice procedures)
2020 OK 84, 10/06/2020, STATE OF OKLA. ex rel. COMMISSIONERS OF LAND OFFICE v. STEPHENS AND JOHNSON OPERATING CO., INC. (Attorneys fees provisions in Surface Damage Act)
Court of Civil Appeal 2020 Year in Review (Part 1 of 2)
2020 OK CIV APP 2, 456 P.3d 1149, 12/20/2019, WAITS v. VIERSEN OIL & GAS CO. (what is a "prevailing party" for purposes of attorneys fees provisions)
2020 OK CIV APP 5, 458 P.3d 626, 11/26/2018, OAK TREE PARTNERS, LLC v. WILLIAMS (the remedy of specific performance with abatement in purchase price)
2020 OK CIV APP 15, 466 P.3d 1, 08/10/2018, HOME VEST CAPITAL v. RETIREMENT APPLICATION SERVICES (unconstitutionality of a contractual jury trial waiver)
2020 OK CIV APP 37, 05/22/2020, SOUTHWEST CASING v. FOSTER (the need to file a motion to obtain a default judgment)
2020 OK CIV APP 39, 05/29/2020, ALBURTUS v. INDEPENDENT SCHOOL DISTRICT No. 1 OF TULSA COUNTY (GTCA notice issue)

Episode 002: Initiative Petitions: January 2020-August 2020 Sep 30, 2020

Show notes

The initiative petition episode.
Show Notes:
In re Initiative Petition No. 420, 2020 OK 9 (did not violate single subject rule but...)
In re Initiative Petition No. 420, 2020 OK 10 (gist insufficient)
In re Initiative Petition No. 426, 2020 OK 44 (IP No. 420 redux, gist challenged again but now sufficient)
In re Initiative Petition No. 423, 2020 OK 57 (legalization of marijuana)
Kiesel v. Rogers, 2020 OK 65 (requesting more time to gather signatures due to COVID)
In re Initiative Petition No. 425, 2020 OK 58 (permitless carry, gist insufficient)

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