Legal Opinion · Dissent

Duncan v. Oklahoma Department of Corrections

Supreme Court of Oklahoma

Decided July 6, 2004No. 98,295Published

1Dissent

OPAL A, V.C.J.,

with whom KAUGER and BOUDREAU, JJ., join, dissenting.

¶ 1 The court vacates today the Court of Civil Appeals’ opinion and affirms the trial court’s dismissal order, declaring (a) that two statutes dealing with the State’s right to compensation benefits of incarcerated convicts — one enacted earlier which authorizes seizure of only fifty percent of one’s compensation award1 and the later of the entire award2 — are not in pari materia on the subject of an incarcerated convict’s right to *1084receive adjudged compensation benefits for permanent total disability and (b) that the…

2Cases cited21 opinions

  1. Warden, Maryland Penitentiary v. HaydenSupreme Court of the United States · 1967
  2. Austin v. United StatesSupreme Court of the United States · 1993
  3. Flemming v. NestorSupreme Court of the United States · 1960
  4. Nixon v. Administrator of General ServicesSupreme Court of the United States · 1977
  5. Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974

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