Legal Opinion
Benham v. Plotner
Supreme Court of Oklahoma
Decided July 17, 1990No. 66645PublishedCited by 28 opinions
1Opinion of the Court
KAUGER, Justice.
The query presented on certiorari is whether a criminal conviction pending on appeal may be admitted into evidence as conclusive proof of allegations made in a subsequent civil trial based upon the same material facts. We find that it cannot. Although the criminal conviction may be admitted before the appeal is decided, the defendant is entitled to present rebutting evidence. The weight and effect to be given to the conviction and to the defendant’s explanation is a jury question.
FACTS
The appellant, Ralph Edward Plotner, Jr. (Plotner), was convicted of the attempted rape and…
2Cases cited8 opinions
- Veiser v. ArmstrongSupreme Court of Oklahoma · 1984
- Seymour v. SwartSupreme Court of Oklahoma · 1985
- State Ex Rel. Derryberry v. Kerr-McGee CorporationSupreme Court of Oklahoma · 1973
- Lee v. KnightSupreme Court of Oklahoma · 1989
- Anderson v. Dyco Petroleum Corp.Supreme Court of Oklahoma · 1989
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Nealis v. BairdSupreme Court of Oklahoma · 1999
- Carris v. John R. Thomas & Associates, P.C.Supreme Court of Oklahoma · 1995
- OSAGE NATION v. BD. OF COMMISSIONERS OF OSAGE COUNTY and OSAGE NATION v. OSAGE COUNTY BD. OF ADJUSTMENTSupreme Court of Oklahoma · 2017
- Barnett v. Elite Properties of America, Inc.Colorado Court of Appeals · 2010
- Willard v. KelleySupreme Court of Oklahoma · 1990
23 more not listed; retrieve them via the Exa API.