Legal Opinion · Dissent

Cooper v. Booher

Supreme Court of Oklahoma

Decided June 1, 2004No. 98,447Published

1Dissent

*23OPALA, V.C.J.,

with whom KAUGER, J., joins, dissenting.

¶ 1 The court vacates today the Court of Civil Appeals’ (COCA) opinion and affirms the trial court’s sanction order, declaring that the safe-harbor clause in the provisions of 12 O.S.2001 § 2011(c)(1)(a)1 was not intended to be included in the terms of 57 O.S.2002 Supp.

§ 566.2 Because the court’s pronouncement fails to reach the dispositive issues in this public-law controversy,3 I dissent and suggest for the court’s consideration my own analysis of the critical issues to be resolved.

¶ 2 In this controversy the court is not only entirely…

2Cases cited22 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Joint Anti-Fascist Refugee Committee v. McGrathSupreme Court of the United States · 1951
  3. Williams v. IllinoisSupreme Court of the United States · 1970
  4. Humphrey v. CadySupreme Court of the United States · 1972
  5. Baxstrom v. HeroldSupreme Court of the United States · 1966

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