Legal Opinion

Herbst v. Sayre

Supreme Court of Oklahoma

Decided October 13, 1998No. 89548PublishedCited by 51 opinions

1Opinion of the Court

SIMMS, J:

¶ 1 Maternal grandfather appealed the denial of his application for grandparental visitation based upon the trial court’s ruling that a provision in 10 O.S. Supp.1996 § 5, granting visitation rights with a grandchild, was unconstitutional as applied to the facts of this case. The Court of Civil Appeals affirmed the trial court’s decision, finding application of 10 O.S. § 5(A)(1) unconstitutional under the existing facts.

¶ 2 Based upon our review of the record and applicable law, we affirm the trial court but vacate the opinion of the Court of Civil Appeals.

¶ 3 Christopher Herbst, the…

2Cases cited16 opinions

  1. Wisconsin v. YoderSupreme Court of the United States · 1972
  2. Meyer v. NebraskaSupreme Court of the United States · 1923
  3. Prince v. MassachusettsSupreme Court of the United States · 1944
  4. Cleveland Board of Education v. LaFleurSupreme Court of the United States · 1974
  5. Quilloin v. WalcottSupreme Court of the United States · 1978

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3Cited by51 opinions

  1. Lulay v. LulayIllinois Supreme Court · 2000
  2. Roth v. WestonSupreme Court of Connecticut · 2002
  3. Koshko v. HainingCourt of Appeals of Maryland · 2007
  4. Santi v. SantiSupreme Court of Iowa · 2001
  5. Moriarty v. BradtSupreme Court of New Jersey · 2003

46 more not listed; retrieve them via the Exa API.

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