Legal Opinion · Dissent

Barnes v. Oklahoma Farm Bureau Mutual Insurance Co.

Supreme Court of Oklahoma

Decided January 16, 2001No. 89,745Published

1DissentOpala, J.

T1 The court vacates today the Court of Civil Appeals' opinion, affirms judgment on jury verdict for the insureds, but snuffs out the life of its common law declared in Bro-shier1 and invalidates the counsel fee awarded in this cause. I dissent from the death warrant for Brashier and from the retrospective effect given its execution. Bra-shier's retrospective demise violates constitutionally anchored restrictions on the exercise of judicial power.2 While there are other points of today's pronouncement to which I do not accede, my message of dissent targets solely Part VL.

THE COURTS…

2Cases cited59 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Linkletter v. WalkerSupreme Court of the United States · 1965
  3. Shaffer v. HeitnerSupreme Court of the United States · 1977
  4. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  5. Cohens v. VirginiaSupreme Court of the United States · 1821

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