City of Oklahoma City v. Balkman

2020 OK 104 · Supreme Court of Oklahoma · December 7, 2020 · No. 118950

Summary

The Oklahoma Supreme Court assumed original jurisdiction over Oklahoma City's amended application for a writ of prohibition challenging administrative orders concerning the transportation of persons arrested by Oklahoma City police. The majority writings address the constitutional boundary between the Oklahoma Supreme Court and the Court of Criminal Appeals, while dissenting opinions contend that the Court of Criminal Appeals had concurrent jurisdiction. The court continued the stay of enforcement of the challenged administrative orders.

Holdings

  1. The Supreme Court of Oklahoma assumed original jurisdiction over the amended application and petition for writ of prohibition.
  2. The majority concluded that the dispute concerned administrative orders and was not a criminal case within the exclusive appellate jurisdiction of the Oklahoma Court of Criminal Appeals; jurisdiction to review the district courts' administrative orders lay in the Supreme Court.

Questions Presented

  1. Whether the Supreme Court of Oklahoma should assume original jurisdiction over the City's challenge to district-court administrative orders.
  2. Whether jurisdiction over a challenge to administrative orders issued by district courts lies in the Oklahoma Supreme Court rather than the Oklahoma Court of Criminal Appeals.

Disposition

other

Cases Cited (9)

  • In re M.B., 2006 OK 63, ¶ 8, 145 P.3d 1040(followed)
  • Parsons v. District Court of Pushmataha County, 2017 OK 97, ¶ 19, 408 P.3d 586(followed)
  • Board of Law Library Trustees of Oklahoma County v. Petusky, 1991 OK 22, ¶ 14, 807 P.2d 257(followed)
  • Petusky v. Cannon, 1987 OK 74, ¶ 35, 742 P.2d 1117(followed)
  • Dancy v. Owens, 1927 OK 203, 258 P. 879(followed)
  • Carder v. Court of Criminal Appeals, 1978 OK 130, ¶ 12, 595 P.2d 416(followed)
  • Allen v. State, 2011 OK CR 31, 265 P.3d 754(distinguished)
  • Hurst v. Pitman, 1950 OK 10, 213 P.2d 877(disagreed with)
  • Smythe v. Smythe, 1911 OK 66, 114 P. 258(distinguished)

Cited In (0)

No citing cases on record yet.

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