Legal Opinion · Dissent

Kahre v. Kahre

Supreme Court of Oklahoma

Decided November 29, 1995No. 83706Published

1DissentOpala, Justice

I

INTRODUCTION

The court nullifies its early change-of-custody stay by leaving undisturbed the trial court’s later mid-appeal modifications with contravening provisions. Because — insofar as they affect the premandate access-to-the-children regime — all the trial court’s post-stay orders are clearly coram non judice,1 I *1367must recede from today’s tacit approbation of sheer lawlessness. I write separately to expose the naked nisi prius intrusion into this court’s subject-matter cognizance, which lies concealed beneath today’s deferential silence. I would reach this critical issue by (1) analyzing…

2Cases cited20 opinions

  1. Van Wyck v. KnevalsSupreme Court of the United States · 1882
  2. Herbert v. WaggSupreme Court of Oklahoma · 1910
  3. Gibbons v. GibbonsSupreme Court of Oklahoma · 1968
  4. Tisdale v. Wheeler Bros. Grain Co., Inc.Supreme Court of Oklahoma · 1979
  5. In Re EpleySupreme Court of Oklahoma · 1901

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