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Payne v. Kerns

Document Justia Case Summary Cited authorities 51 Cited in 14 Precedent Map Related
Docket Number116978
Decision Date12 May 2020
In 2010, plaintiff-appellant James Payne pled nolo contendere to stalking in Case No. CF-2010-27 in Pittsburg County, Oklahoma. He received a five-year deferment with special rules and conditions of probation. He was required to have no contact with the stalking victim. In addition, Payne pled guilty to violating a protective order in many other cases filed in Pittsburg County related to the same victim and was sentenced to six months in the county jail. The sentences were to run concurrently. He received extra credits and was released...

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8 cases
  • Johnson v. CSAA Gen. Ins. Co.
    • United States
    • Oklahoma Supreme Court
    • December 15, 2020
    ..., 2020 OK 56, ¶ 17, 473 P.3d 475.11 Martin v. Gray , 2016 OK 114, ¶ 5, 385 P.3d 64, 66 (rule stated for a motion to dismiss); Payne v. Kerns , 2020 OK 31, ¶ 10, 467 P.3d 659, 663 (Whether summary judgment is properly entered is a question of law reviewed de novo ; and in a de novo review th......
  • Base v. Devon Energy Prod. Co.
    • United States
    • Oklahoma Supreme Court
    • February 6, 2024
    ...propriety of the trial court's summary judgment is a question of law that this Court reviews de novo. Payne v. Kerns, 2020 P.3d 659, ¶ 10, 467 P.3d 659, 663 (citing Manley v. Brown, 1999 OK 79, ¶ 22, 989 P.2d 448, 455). Thus, we have plenary, independent, and non-deferential authority to de......
  • City of Okla. City v. Balkman
    • United States
    • Oklahoma Supreme Court
    • December 7, 2020
    ...136 P.3d 630.27 Mitchell v. Meachum, 1988 OK 131, 770 P.2d 887.28 Hunt v. Rowton, 1930 OK 254, 143 Okla. 181, 288 P. 342.29 Payne v. Kerns, 2020 OK 31, 467 P.3d 659.30 Martin v. Jordan, 2006 OK 26, 137 P.3d 681.31 McMullin v. Dept. of Corrections, 1993 OK 132, 863 P.2d 1187.32 State ex. rel......
  • Brisco v. Gerard
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Civil Appeals of Oklahoma
    • April 12, 2022
    ...OF REVIEW ¶8 Whether summary judgment was properly entered is a question of law, reviewable de novo. Payne v. Kerns, 2020 OK 31, ¶ 10, 467 P.3d 659. Under de novo review, we have "plenary, independent and non-deferential authority to determine whether the trial court erred in its applicatio......
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