stillthelaw:

Barratry In the Court!

   Every officer of a court has a duty to refuse a case which is groundless. So why does the practice continue?

  In common law, barratry is the offense committed by people who are “overly officious in instigating or encouraging prosecution of groundless litigation” or who bring “repeated or persistent acts of litigation” for the purposes of profit or harassment.

§21-550. Common barratry defined.

Common barratry is the practice of exciting groundless judicial proceedings.

R.L.1910, § 2262.

§21-551. Barratry a misdemeanor.

Common barratry is a misdemeanor.

R.L.1910, § 2263.

stillthelaw:

Felonies Generally Carry Up To 2 Years In Prison

  When the Penal Code was first established in Oklahoma, the original thinking was that a 2 year sentence was generally as stiff of a punishment as we were going to impose. Now they did intend for specific heinous crimes to carry a tougher sentence, but they specified that a 1-2 year sentence was the default range which judges were to impose, once guilt was established.

§21-1. Title of code.

This chapter shall be known as the penal code of the State of Oklahoma.

R.L.1910, § 2082.

§21-2. Criminal acts are only those prescribed - “This code” defined.

No act or omission shall be deemed criminal or punishable except as prescribed or authorized by this code. The words “this code” as used in the “penal code” shall be construed to mean “Statutes of this State.”

R.L.1910, § 2083.

§21-3. Crime and public offense defined.

A crime or public offense is an act or omission forbidden by law, and to which is annexed, upon conviction, either of the following punishments:

1. Death;

2. Imprisonment;

3. Fine;

4. Removal from office; or

5. Disqualification to hold and enjoy any office of honor, trust, or profit, under this state.

R.L. 1910, § 2084. Amended by Laws 1997, c. 133, § 10, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 1, eff. July 1, 1999.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 10 from July 1, 1998, to July 1, 1999.

§21-4. Crimes classified.

Crimes are divided into:

1. Felonies;

2. Misdemeanors.

R.L.1910, § 2085.

§21-5. Felony defined.

A felony is a crime which is, or may be, punishable with death, or by imprisonment in the penitentiary.

R.L. 1910, § 2086. Amended by Laws 1997, c. 133, § 11, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 2, eff. July 1, 1999.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 11 from July 1, 1998, to July 1, 1999.

§21-6. Misdemeanor defined.

Every other crime is a misdemeanor.

R.L.1910, § 2087. R.L.1910, § 2087.

§21-7. Objects of penal code.

This title specifies the classes of persons who are deemed capable of crimes, and liable to punishment therefor. This title defines the nature of various crimes and prescribes the kind and measure of punishment to be inflicted for each. The manner of prosecuting and convicting criminals is regulated by the code of criminal procedure.

R.L. 1910, § 2088. Amended by Laws 1997, c. 133, § 12, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 3, eff. July 1, 1999.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 12 from July 1, 1998, to July 1, 1999.

§21-8. Conviction must precede punishment.

The punishments prescribed by this chapter can be inflicted only upon a legal conviction in a court having jurisdiction.

R.L.1910, § 2090.

§21-9. Punishment of felonies.

Except in cases where a different punishment is prescribed by this title, or by some existing provision of law, every offense declared to be a felony is punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the State Penitentiary not exceeding two (2) years, or by both such fine and imprisonment.

R.L. 1910, § 2090. Amended by Laws 1997, c. 133, § 13, eff. July 1, 1999; Laws 1998, 1st Ex.Sess., c. 2, § 1, emerg. eff. June 19, 1998; Laws 1999, 1st Ex.Sess., c. 5, § 4, eff. July 1, 1999.

 In Wynona, OK, the bird baths are not allowed to be used in any way for cleaning garments or other textiles.

If your wash tub is left outside and a bird settles upon it, You may be in trouble when you come back out to resume your laundry chores.

We’re still looking for the text of this purported ordinance.

In YUKON, OK; you’re supposed to always honk  your horn when passing by any other vehicle, bicycle, or horse.

We’re still looking for the ordinance language on this one.

While passing another vehicle, you must honk your horn.

It is illegal for the owner of a bar to allow anyone inside to touch any of their ‘private parts’

.37-537.2.

No owner, operator, partner, manager, or person having supervisory control of any establishment licensed to sell or serve intoxicating beverages shall permit any of the following on or about any commercial premises where intoxicating beverages are dispensed or consumed:

1. The performance by any person of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are otherwise prohibited by law;
2. The actual intentional touching or caressing or fondling by any person of the breasts, anus or genitals;
3. Any person on the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the areola of the female breast or any portion of the pubic hair, buttocks or genitals; or
4. Any person to perform acts of, or acts which simulate, sexual acts which are prohibited by law, or permit any person to use artificial devices or inanimate objects to depict any prohibited activities or permit the showing of films, still pictures, electronic reproductions or other visual reproductions depicting any of the prohibited activities described in this paragraph.

If you’re caught in a death struggle with a bear, the Bear had better be the one who started the skirmish. That’s the law in Oklahoma.

And don’t you dare cause a horse to trip, or you’re going to jail. There’s no exception listed for equestrian competitions involving fences and other hurdles.

Bear Wrestling and Horse Tripping
       Section 1700 - Prohibition on Bear Wrestling Exhibitions or Horse Tripping Events - Penalty
Cite as: O.S. §, __ __

A. It is unlawful for any person to:

1. Promote, engage in, or be employed at a bear wrestling exhibition or horse tripping event;

2. Receive money for the admission of another person to any place where bear wrestling or horse tripping will occur;

3. Sell, purchase, possess, or offer a horse for any horse tripping event;

4. Sell, purchase, possess, or train a bear for any bear wrestling exhibition;

5. Subject a bear to alteration in any form for purposes of bear wrestling including, but not limited to, removal of claws or teeth, or severing tendons; or

6. Give any substance to a bear, inject any substance into a bear, or cause a bear to ingest or inhale any substance for the purposes of bear wrestling.

B. Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding one (1) year, or by a fine of not more than Two Thousand Dollars ($2,000.00), or by both such fine and imprisonment. In addition, the court may require the violator to make restitution and reimbursements to the state, any of its political subdivisions, or to any society which is incorporated for the prevention of cruelty to animals for housing, feeding, or providing medical treatment to any animals used or intended for use in violation of this section.

C. Upon the arrest of any person pursuant to any provision of this section, the arresting law enforcement agency or animal control office shall have authority to seize and take custody of all animals in the possession of the arrested person which are the basis of an arrest pursuant to the provisions of this section. Upon conviction, the court shall have authority to order the forfeiture of all animals seized which are the basis of the conviction pursuant to the provisions of this section. Any animals ordered forfeited may be placed in the custody of a society which is incorporated for the prevention of cruelty to animals.

D. As used in this section, “horse tripping” means to cause an animal of the equine species to fall or lose its balance with the use of a wire, pole, stick, rope or other object. The term does not include the lawful laying down of a horse for medical purposes or for the purposes of identification.

Historical Data

Laws 1996, SB 680, c. 197, § 1, emerg. eff. May 20, 1996.

stillthelaw:

  Oklahoma law allows for a will to be presented in probate even if it was not drawn up by an attorney. It doesn’t even require a notary. There is, however; a method of proving the veracity of the written & signed statement, in order to stand up in court.

  Dictionaries refer to this type of will as Olographic, or Holographic.

Olographic Will

The Louisiana term for what other states call a holographic will. This is a will that is entirely handwritten, signed, and dated by the person making it. It does not need to be notarized or witnessed.

§58-31.  Olographic will, how proved.

An olographic will may be proved in the same manner that other private writings are proved.
R.L.1910, § 6209.

stillthelaw:

In a previous post we discussed the role of county commissioners in establishing an orphanage & other functions.

The founders and leaders of our state govt. also direct the counties to deal with the other social welfare needs of their own county. 

Very little of these tasks are actually being provided by Oklahoma’s 77 county governments. Tulsa County reports that they do run a County Pharmacy which provides some very low-cost medications which were provided to the county from participating medical facilities who donate remaining unused meds that current & former patients were prescribed. They only dispense what they have in stock, at the time.

§56-31.  Overseers of the indigent.

The county commissioners of the counties of this state shall be overseers of the indigent for their respective counties, and shall perform all the duties with reference to the indigent of their counties that may be prescribed by law and under such restrictions as the county commissioners shall consider most advantageous for the interests of their respective counties and the welfare of the people therein.

R.L. 1910, § 4525.  Amended by Laws 1994, c. 87, § 3, eff. Sept. 1, 1994.

§56-32.  Duties of overseers.

The overseers of the indigent in each county shall have the oversight and care of all the indigent persons in their county so long as such persons remain a county charge.  Such overseers shall see that the indigent are taken care of in the manner provided by law, and under such restrictions as the county commissioners shall consider most advantageous for the interests of their respective counties and the welfare of the people therein.

R.L. 1910, § 4526.  Amended by Laws 1994, c. 87, § 4, eff. Sept. 1, 1994.

§56-32.1.  Authority to establish county department.

In all counties of this state having a population in excess of two hundred thousand (200,000), as shown by the last Federal Decennial Census, the boards of county commissioners are hereby given authority in their respective counties to establish a department which shall be known as the “Human Services Center” or “Social Services Center,” wherein may be housed the “Indigent Care Facility” and any other services for the care of the indigent which the board of county commissioners may deem to be in the best interests of their respective counties and the welfare of the people therein.

Added by Laws 1994, c. 87, § 5, eff. Sept. 1, 1994.

stillthelaw:

  Oklahoma statutes direct the courts to use the list of those with a valid Oklahoma Drivers License, to use as a database of potential jurors. And anyone under 18 or over 70 is exempted. People who have an Oklahoma Identification card (obtained by the Dept of Public Safety) are also included on the database.

  In addition to that group, individuals who have neither the ID card or the drivers license, can go to the court clerk and volunteer their name to be added to the database. 

  You can only be compelled to serve once in any 5-year span. There are statutory exemptions as well as those granted special exemptions by a district court judge.

  Here’s a list of the statutory exemptions  C.  Persons who are not qualified to serve as jurors are:

1.  Justices of the Supreme Court or the Court of Civil Appeals; 2.  Judges of the Court of Criminal Appeals or the district court; 3.  Sheriffs or deputy sheriffs; 4.  Licensed attorneys engaged in the practice of law; 5.  Persons who have been convicted of any felony or who have served a term of imprisonment in any penitentiary, state or federal, for the commission of a felony; provided, any such citizen convicted, who has been fully restored to his or her civil rights, shall be eligible to serve as a juror; and 6.  Legislators during a session of the Legislature or when involved in state business.

D.  Jailers or law enforcement officers, municipal, state or federal, shall be eligible to serve on noncriminal actions only. E.  Upon his or her request, a person shall be exempt from service as a juror if the person is:

1.  A member of the Armed Forces of the United States who is serving on active duty during a time of war or declared hostilities; or 2.  A mother who is breast-feeding a baby.

§38-18.  Licensed drivers list - Time period - Volunteers - Name and address changes.

For the purpose of ascertaining names of all persons qualified for jury service: 1.  The Commissioner of Public Safety shall cause to be provided to the Administrative Director of the Courts, not later than the first day of October of each year, a list by county of residence of persons who reside in the county, who are eighteen (18) years of age or older, and who are holders of a current driver license or a current identification license issued by the Department of Public Safety.  The list shall contain the name, date of birth, and mailing address of each person listed.  The list may be maintained in electronic format and shall be used exclusively for jury selection purposes.  The Administrative Director of the Courts and the court clerk shall not copy or permit any person to copy the list or any portion thereof for purposes other than jury selection; 2.  All names and addresses of the persons so listed under the provisions of paragraph 1 of this section shall be used thereafter in the selection of juries; provided, however, no jury panel shall be quashed because of a duplication of names; 3.  The list will be furnished by the Administrative Director of the Courts to the district courts according to the period of time and in the format prescribed by the Administrative Director of the Courts, and the district courts may maintain and use the list in electronic format as a necessary part of an approved electronic jury management system implemented pursuant to Section 13 of this act; 4.  The provisions of this section shall not be construed to preclude persons otherwise qualified to serve as jurors from volunteering for jury service in a manner prescribed by the Administrative Director of the Courts; and 5.  The Administrative Director of the Courts, the trial court administrator or the court clerk may accept changes or corrections in a mailing address or county of residence of a qualified juror from such qualified juror or from an electronic address verification process implemented pursuant to Section 13 of this act.  Changes may be accepted in any manner prescribed by the Administrative Director of the Courts.

 Added by Laws 1949, p. 279, § 1, emerg. eff. June 2, 1949.  Amended by Laws 1973, c. 204, § 1, emerg. eff. May 17, 1973; Laws 1974, c. 136, § 1, emerg. eff. May 3, 1974; Laws 1985, c. 273, § 1; Laws 1987, c. 134, § 1, eff. Oct. 1, 1987; Laws 1989, c. 348, § 20, eff. Oct. 1, 1989; Laws 1996, c. 58, § 1, eff. Nov. 1, 1996; Laws 1997, c. 400, § 12, eff. July 1, 1997; Laws 2002, c. 390, § 14, emerg. eff. June 4, 2002; Laws 2003, c. 234, § 1, eff. Nov. 1, 2003; Laws 2015, c. 242, § 5, emerg. eff. May 4, 2015.