Volume 89 — No. 24 — 9/8/2018 Court Issue - Oklahoma Bar Association

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Volume 89 — No. 24 — 9/8/2018Court Issue

OCTOBER ISOCT. 11 MCLE CREDIT 3/1OCT. 12 MCLE CREDIT 7/2DOMESTIC VIOLENCEAWARENESS MONTHoctober 11:DOMESTIC VIOLENCE TRAININGFOR GUARDIAN AD LITEMSOCTOBER 111:30 - 3:40 p.m.This program will not be webcast.DOMESTIC VIOLENCE AT WORKAWARENESS, PLANNING & PREVENTIONCoSponsored by the Community Learning Council8:30 a.m. - 3 p.m.University of Tulsa College of Law Moot Courtroom,3120 East 4th Place, TulsaFOR INFORMATION OR TO REGISTER, GO TO WWW.OKBAR.ORG/CLEStay up-to-date and follow us on1244TOPICS COVERED Domestic Violence and Trauma GAL Law and Best Practices Case Study (to Include 1 Hr Ethics) 75 for registration. Lawyers providing pro bono services through LegalAid, Lawyers for Children, public defender GALs or court-appointed probono GALs may pre-register for 25 by contacting Renee at 405.416.7029 orReneeM@okbar.org. NO OTHER DISCOUNTS.University of Tulsa College of Law Moot Courtroom,3120 East 4th Place, TulsaOCTOBER 12Program Planner:G. Gail Stricklin, Attorney, Oklahoma Cityoctober 12:Program Planner: Ginger Decoteau,Founder, Executive Director,Community Learning Council, Inc.During this program, participants will reviewcase studies that detail incidents of domesticviolence-related incidents and injuries. This programwas designed to help professionals identify warningsigns, strengthen policies, implement safety measuresand develop an action plan to create a safer andsupportive work environment for all employees. 150 for early registration (before Oct. 4). Late Fees Apply. Lawyersproviding pro bono services through Legal Aid, Lawyers for Children, publicdefender GALs or court-appointed pro bono GALs may pre-register for 25by contacting Renee at 405.416.7029 or ReneeM@okbar.org.NO OTHER DISCOUNTS.The Oklahoma Bar JournalThis program will not be webcast.Vol. 89 — No. 24 — 9/8/2018

THE OKLAHOMA BAR JOURNAL is apublication of the Oklahoma Bar Association. All rights reserved. Copyright 2018Oklahoma Bar Association. Statements oropinions expressed herein are those of theauthors and do not necessarily reflect thoseof the Oklahoma Bar Association, its officers,Board of Governors, Board of Editors orstaff. Although advertising copy is reviewed,no endorsement of any product or serviceoffered by any advertisement is intended orimplied by publication. Advertisers are solelyresponsible for the content of their ads, andthe OBA reserves the right to edit or rejectany advertising copy for any reason.Legal articles carried in THE OKLAHOMABAR JOURNAL are selected by the Board ofEditors. Information about submissions canbe found at www.okbar.org.BAR Center StaffJohn Morris Williams, Executive Director; GinaL. Hendryx, General Counsel; Joe Balkenbush,Ethics Counsel; Jim Calloway, Director of Management Assistance Program; Craig D. Combs,Director of Administration; Susan Damron,Director of Educational Programs; Beverly PetryLewis, Administrator MCLE Commission; CarolA. Manning, Director of Communications; Robbin Watson, Director of Information Technology;Loraine Dillinder Farabow, Peter Haddock,Tracy Pierce Nester, Katherine Ogden,Steve Sullins, Assistant General CounselsLes Arnold, Gary Berger, Debbie Brink,Melody Claridge, Cheryl Corey, Ben Douglas,Dieadra Florence, Johnny Marie Floyd,Matt Gayle, Suzi Hendrix, Debra Jenkins,Rhonda Langley, Jamie Lane, DurrelLattimore, Ramey McMurray,Renee Montgomery, Whitney Mosby,Lacey Plaudis, Tracy Sanders, MackenzieScheer, Mark Schneidewent, Laura Stone,Margaret Travis, Krystal Willis, Laura Willis,Jennifer Wynne & Roberta YarbroughOklahoma Bar Association 405-416-7000Toll Free 800-522-8065FAX 405-416-7001Continuing Legal Education 405-416-7029Ethics Counsel 405-416-7055General Counsel 405-416-7007Lawyers Helping Lawyers 800-364-7886Mgmt. Assistance Program 405-416-7008Mandatory CLE 405-416-7009Board of Bar Examiners 405-416-7075Oklahoma Bar Foundation 405-416-7070www.okbar.orgVol. 89 — No. 24 — 9/8/2018Volume 89 – No. 24 – 9/8/2018JOURNAL STAFFBOARD OF EDITORSJOHN MORRIS WILLIAMSEditor-in-Chiefjohnw@okbar.orgMELISSA DELACERDAStillwater, ChairCAROL A. MANNING, Editorcarolm@okbar.orgCLAYTON BAKER, VinitaMACKENZIE SCHEERAdvertising Manageradvertising@okbar.orgPATRICIA A. FLANAGANYukonLACEY PLAUDISCommunications Specialistlaceyp@okbar.orgLAURA STONECommunications Specialistlauras@okbar.orgLUKE ADAMS, ClintonAARON BUNDY, TulsaAMANDA GRANT, SpiroC. SCOTT JONES,Oklahoma CityERIN MEANS DEWALT, MooreSHANNON L. PRESCOTTOkmulgeeLESLIE TAYLOR, AdaOFFICERS &BOARD OF GOVERNORSKIMBERLY HAYS, President, Tulsa;RICHARD STEVENS, Vice President, Norman; CHARLESW. CHESNUT, President-Elect, Miami; LINDA S. THOMAS,Immediate Past President, Bartlesville; MATTHEW C. BEESE,Muskogee; JOHN W. COYLE III, Oklahoma City; MARK E.FIELDS, McAlester; KALEB K. HENNIGH, Enid; BRIAN T.HERMANSON, Ponca City; JAMES R. HICKS, Tulsa; ALISSAHUTTER, Norman; JAMES L. KEE, Duncan; BRIAN K. MORTON, Oklahoma City; JIMMY D. OLIVER, Stillwater; BRYON J.WILL, Yukon; D. KENYON WILLIAMS JR., Tulsa; NATHAN D.RICHTER, Mustang, Chairperson, OBA Young Lawyers DivisionThe Oklahoma Bar Journal (ISSN 0030-1655) is published threetimes a month in January, February, March, April, May, August,September, October November and December and bimonthly inJune and July by the Oklahoma Bar Association, 1901 N. LincolnBoulevard, Oklahoma City, Oklahoma 73105. Periodicals postagepaid at St. Joseph, Michigan.Subscriptions 60 per year except for law students registered withthe OBA and senior members who may subscribe for 30; all activemembers included in dues. Single copies: 3Postmaster Send address changes to the Oklahoma Bar Association,P.O. Box 53036, Oklahoma City, OK 73152-3036.The Oklahoma Bar Journal1245

1246The Oklahoma Bar JournalVol. 89 — No. 24 — 9/8/2018

Oklahoma Bar Associationtable ofcontentsSept. 8, 2018 Vol. 89 No. 24page1248Index to Court Opinions1249Opinions of Court of Criminal Appeals1253 2019 OBA Board of Governors Vacanciesand Nominating Petitions1255Calendar of Events1256Disposition of Cases Other Than by PublicationVol. 89 — No. 24 — 9/8/2018The Oklahoma Bar Journal1247

Index to Opinions of Court of Criminal Appeals2018 OK CR 32 ROY DALE THOMPSON, Appellant, v. THE STATE OF OKLAHOMA,Appellee. Case No. F-2016-1117. 1249NOTICE OF REAPPOINTMENT OF INCUMBENT MAGISTRATE JUDGEUNITED STATES DISTRICT COURT EASTERN DISTRICT OF OKLAHOMAThe current term of office of the United States Magistrate Judge Steven P. Shreder at Muskogee, Oklahoma, is due toexpire on May 14, 2019. The United States District Court is required by law to establish a panel of citizens to considerthe reappointment of the magistrate judge to a new eight-year term.The duties of the position are demanding and wide-ranging. Such duties include, but are not limited to:(1) Conduct of preliminary proceedings in criminal cases;(2) Trial and disposition of misdemeanor cases;(3) Conduct of various pretrial matters and evidentiary proceedings on delegation from the judges ofthe district court; and(4) Trial and disposition of civil cases upon consent of the litigants.Comments from members of the bar and the public are invited as to whether the incumbent magistrate judge shouldbe recommended by the panel for reappointment by the court. Comments should be directed to:Tami Collins, Chief Deputy ClerkUnited States District Court for the Eastern District of OklahomaP.O. Box 607Muskogee, OK 74402Comments must be received by October 19, 2018.1248The Oklahoma Bar JournalVol. 89 — No. 24 — 9/8/2018

Opinions of Court of Criminal AppealsManner and Form of Opinions in the Appellate Courts;See Rule 1.200, Rules — Okla. Sup. Ct. R., 12 O.S. Supp. 1996 (1997 T. 12 Special Supplement)2018 OK CR 32ROY DALE THOMPSON, Appellant, v. THESTATE OF OKLAHOMA, Appellee.Case No. F-2016-1117. August 30, 2018OPINIONLEWIS, VICE PRESIDING JUDGE:¶1 Roy Dale Thompson, Appellant, was triedby jury and convicted of Count 1, seconddegree burglary, in violation of 21 O.S.2011, §1435; Count 2, assault with a deadly weapon,in violation of 21 O.S.2011, § 652; Count 3, possession of a firearm after former conviction of afelony, in violation of 21 O.S.Supp.2014, §1283(A); and Count 4, possession of a firearmduring the commission of a felony, in violationof 21 O.S.Supp.2012, § 1287,1 in the DistrictCourt of Lincoln County, Case No. CF-2015370A. In the sentencing stage, the jury foundAppellant committed these crimes after formerconviction of two (2) or more felonies, and sentenced Appellant to life imprisonment and a 10,000.00 fine in each of Counts 1 through 4.The Honorable Cynthia Ferrell Ashwood, District Judge, pronounced judgment and orderedthe sentences served concurrently.2 Mr. Thompson appeals in the following propositions oferror:1. Mr. Thompson was denied due processwhen he was convicted of a crime thatdoes not exist. The Judgment and Sentencefor Count II must be vacated.2. Mr. Thompson has suffered double punishment by his convictions and sentenceson Count III — possession of a firearmafter former conviction of a felony andCount IV — possession of a firearm duringthe commission of a felony in violation ofdue process under the 14th Amendment tothe United States Constitution and Art. II,§ 7, of the Oklahoma Constitution.3. Insufficient evidence was presented at trialto show beyond a reasonable doubt thatMr. Thompson committed the crime ofpossession of a firearm during the comVol. 89 — No. 24 — 9/8/2018mission of a felony or the crime of burglary in the second degree.4. Mr. Thompson was denied his right to theeffective assistance of trial counsel, in violation of the 6th and 14th Amendments to theUnited States Constitution and Art. II, §§ 7,9, and 20, of the Oklahoma Constitution.5. Based on the facts and circumstances ofthis case, Mr. Thompson’s sentences aregrossly excessive and should shock theconscience of this Court.6. Cumulative errors deprived Mr. Thompson of a fair proceeding and a reliable outcome.FACTS¶2 On the morning of November 25, 2015,Appellant and his accomplice, Marcus Catron,arrived in the small town of Davenport, Oklahoma, hoping to burglarize and perhaps stealone or more cars in the area. This plan led themto approach the home of the victim at around 10a.m. Catron knocked at the door of the victim’sresidence. The victim, who had been payingbills, slipped his pistol into his back brace andopened the door. Catron then distracted the victim with some questions about raking his leaves.Appellant was already breaking into the victim’struck, looking for something to steal.¶3 The victim declined Catron’s offer to rakehis leaves but stepped outside to direct himtoward some other potential customers. Appellant saw the victim talking to Catron and shothis pistol at the victim through the windshieldof the truck. The victim heard a bullet whizpast him, approximately a foot away, andstrike the side of the house. The victim drewhis pistol and returned several shots in Appellant’s direction, wounding him in the belly.Appellant returned more shots as he took offrunning, and managed to get away. The victimordered Catron to the ground at gunpoint andcalled police, who came and arrested him.¶4 Around 5:30 p.m. that evening, anotherDavenport resident saw a man he didn’t knowThe Oklahoma Bar Journal1249

stumbling along a road in Davenport, then falling down, and figured him for drunk. He toldhis wife to call police, but the man disappeared. A few hours later, this same manappeared on their front porch, leaning againstthe wall. Appellant told the couple he’d beenhurt in a car accident and needed medicalattention. He mentioned that his friend hadbeen driving, but when asked where the friendwas, Appellant said he didn’t know.¶5 The couple invited Appellant into theirhome and called police. Hearing their description of the man, police told the couple to quicklyclear out of their house. Police later took Appellant into custody and eventually transportedhim to Tulsa, where he underwent surgery toremove a bullet fragment from his stomach.Appellant’s weapon was never recovered.ANALYSIS¶6 In Proposition One, Appellant argues thathis conviction under 21 O.S.2011, § 652(C)3 forthe crime of assaulting the victim with a deadly weapon, without proof of an accompanyingbattery, is reversible error. Because this question of statutory interpretation is raised for thefirst time on appeal, Appellant must show thata plain or obvious error affected the outcome ofthe proceedings. Hogan v. State, 2006 OK CR 19,¶ 38, 139 P.3d 907, 923; Simpson v. State, 1994OK CR 40, ¶ 2, 876 P.2d 690, 692-93.¶7 The amended information in Count 2charged Appellant with assaulting the victimwith a deadly weapon by shooting at him withintent to do bodily harm. The trial court’s juryinstructions on this count permitted a conviction of the charged crime based on the elements of assaulting another person with adeadly weapon. The court also instructed thejury that it could convict Appellant of the lesser-included offenses of assault with a dangerous weapon with intent to do bodily harm, inviolation of 21 O.S.2011, § 645,4 or of simpleassault. By failing to object to the informationor the trial court’s instructions in these particulars, Appellant has waived all but plain error.¶8 However, it is plain or obvious that a violation of section 652(C) requires not only proofof an assault, but also an accompanying battery. Avants v. State, 1983 OK CR 35, ¶¶ 4-7, 660P.2d 1051, 1051-52; see also, OUJI-Cr(2nd), Instruction No. 4-3 (identifying section 652offense as requiring “that the defendant commit both assault and battery”). The Court inAvants found that the Legislature could have1250specifically enumerated assault with a deadlyweapon as a separate crime under section652(C), but had not done so. Avants, 1983 OKCR 35, ¶ 5, 660 P.2d at 1052; see also, Meggett v.State, 1979 OK CR 89, ¶ 10, 599 P.2d 1110, 1114(finding “[a]n assault — whether by firearm orby some other dangerous weapon — madewithout the intent to kill is proscribed by [21O.S.2011,] § 645”). Under this longstanding interpretation of subsection 652(C), Appellant’sconviction for assaulting the victim with adeadly weapon with intent to do bodily harm,without proof of an accompanying battery, isplainly erroneous.¶9 We remedy plain error only when it seriously affects the fairness, integrity, or publicreputation of the proceedings. Hogan, 2006 OKCR 19, ¶ 38, 139 P.3d at 923. A conviction undersection 652(C) carries up to life imprisonmentfor a first offense, and is subject to the 85%Rule. 21 O.S.Supp.2015, § 13.1(5). Appellant’scurrent conviction and life sentence thus render him ineligible for parole consideration forat least twenty (23) years, three (3) monthslonger than a non-85% life sentence. 57 O.S.Supp.2013, § 332.7(B)(requiring parole consideration after 1/3 of sentence); Anderson v. State2006 OK CR 6, ¶ 24, 130 P.3d 273, 282-83 (noting Pardon and Parole Board policy of computing a life sentence as 45 years).¶10 The overwhelming evidence at trial, andthe jury’s verdict that Appellant committedassault with a deadly weapon, establish beyonda reasonable doubt that Appellant is actuallyguilty of assault with a dangerous weaponwith intent to do bodily harm or shooting atanother with intent to injure, a felony violationof section 645.5 This crime, after two (2) or moreprior felony convictions, is punishable bytwenty (20) years to life imprisonment, but isnot subject to the 85% Rule.6¶11 Appellant’s erroneous conviction andsentence for a crime subject to the 85% Rulesignificantly affects his parole considerationeligibility, and thus seriously affects the fairness and integrity of the proceedings. Wetherefore exercise our discretion to remedy thiserror by modifying Appellant’s conviction toassault with a dangerous weapon or shootingwith intent to injure, after former conviction oftwo (2) or more felonies, and affirming the sentence of life imprisonment.7 No additionalrelief is warranted.The Oklahoma Bar JournalVol. 89 — No. 24 — 9/8/2018

¶12 In Proposition Two, Appellant claims hisconvictions and sentences for assault with adeadly weapon, possessing a firearm in thecommission of a felony (burglary), and possessing a firearm after former conviction of afelony, punish him separately for a singlecriminal act in violation of 21 O.S. 2011, § 11.Reviewing for plain error, as defined above,this claim is without merit. While Counts 3 and4 arose in part from one continuous act of firearm possession, Appellant’s possession of thefirearm in the commission of burglary is sufficiently “separate and distinct” from both hisearlier criminal possession of the firearm andhis subsequent assault of the victim to warrantseparate punishments. Sanders v. State, 2015OK CR 11, ¶¶ 8-12, 358 P.3d 280, 284-85 (finding possession of single, stolen firearm withindefendant’s home cannot be punished as bothfelon in possession and knowingly concealingstolen property; but that section 11 generallyallows punishment for both the felonious possession of a firearm and for other crimes inwhich the weapon is possessed or used). Proposition Two is denied.¶13 In Proposition Three, Appellant challenges the sufficiency of the evidence to showpossession of a firearm in the commission of afelony (burglary), and the crime of seconddegree burglary. We determine whether theevidence, taken in the light most favorable tothe prosecution, permits any rational trier offact to find the essential elements of the crimecharged beyond a reasonable doubt. Spuehler v.State, 1985 OK CR 132, ¶ 7, 709 P.2d 202, 203-04.This Court will accept all reasonable inferencesand credibility choices that tend to support theverdict. Washington v. State, 1986 OK CR 176, ¶8, 729 P.2d 509, 510. We find the evidence sufficient in each count, and no relief is warranted.Proposition Three is denied.¶14 In Proposition Four, Appellant arguesthat trial counsel was ineffective for failing toobject to: (1) the improper conviction in Count2 (see Proposition One); (2) the violations ofsection 11 (see Proposition Two); and the insufficient evidence of burglary and possession ofa firearm in commission of burglary (see Proposition Three). We review these claims underthe standard set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674(1984), requiring Appellant to show both deficient performance and prejudice. Id., 466 U.S.at 687, 104 S.Ct. at 2064.Vol. 89 — No. 24 — 9/8/2018¶15 These claims are either moot or withoutmerit. We agreed with Appellant that his conviction for assault with a deadly weapon wasplainly erroneous, and modified the convictionto assault with a dangerous weapon or shooting with intent to injure. Appellant’s remainingsection 11 and sufficiency of the evidenceclaims are without merit. Assuming any deficiency in counsel’s performance in failing toraise these errors at trial, Appellant cannotshow a reasonable probability of a differentoutcome. Proposition Four is therefore denied.¶16 Proposition Five challenges Appellant’slife sentences as excessive. This Court will notdisturb a sentence within statutory limits unless, under the facts and circumstances of thecase, it shocks the conscience of the Court. Pullen v. State, 2016 OK CR 18, ¶ 16, 387 P.3d 922,928. Appellant is a violent recidivist who firedseveral shots at his latest victim during anattempted auto burglary, and might have easily committed a senseless murder. His sentencesdo not shock the conscience. Proposition Fiveis denied.¶17 Appellant argues in Proposition Six thatthe accumulation of prejudice from errors warrants relief. We remedied the only prejudicialerror by modification. There is no other individual, harmful error, and no cumulative prejudice from individually harmless errors. Barnett v.State, 2011 OK CR 28, ¶ 34, 263 P.3d 959, 970.Proposition Six is therefore denied.DECISION¶18 The Judgment and Sentence in Count 2 isMODIFIED to assault with a dangerous weapon or shooting another with intent to injure,and otherwise AFFIRMED. The Judgment andSentence in Counts 1, 3, and 4 is AFFIRMED.Pursuant to Rule 3.15, Rules of the OklahomaCourt of Criminal Appeals, Title 22, Ch.18, App.(2018), the MANDATE is ORDERED issuedupon the delivery and filing of this decision.AN APPEAL FROM THE DISTRICTCOURT OF LINCOLN COUNTYHONORABLE CYNTHIA FERRELLASHWOOD, DISTRICT JUDGEAPPEARANCES AT TRIALCharles Michael Thompson, 104 W. 8th, Chandler, OK 74834, Attorney for DefendantThe Oklahoma Bar Journal1251

Emily Mueller, Asst. District Attorney, 811Manvel Ave., Ste. 1, Chandler, OK 74834, Attorney for the StateAPPEARANCES ON APPEALSarah MacNiven, P.O. Box 926, Norman, OK73070, Attorney for AppellantMike Hunter, Attorney General, Joshua L.Lockett, Asst. Attorney General, 313 N.E. 21stSt., Oklahoma City, OK 73105, Attorneys forAppelleeOPINION BY: LEWIS, V.P.J.LUMPKIN, P.J.: ConcurHUDSON, J.: ConcurKUEHN, J.: ConcurROWLAND, J.: Concur1. The jury acquitted Appellant of Count 5, possession of burglarytools.2. Appellant must serve 85% of his sentence in Count 2 before he iseligible for consideration for parole. 21 O.S.Supp.2015, § 13.1 (5).3. The pertinent part of section 652(C), says:Any person who commits any assault and battery upon another by means of any deadly weapon shall upon conviction beguilty of a felony punishable by imprisonment in the State Penitentiary not exceeding life (emphasis added).4. Every person who, with intent to do bodily harm and withoutjustifiable or excusable cause, commits any assault, battery, or assaultand battery upon the person of another with any sharp or dangerousweapon, or who, without such cause, shoots at another, with any kind offirearm, air gun, conductive energy weapon or other means whatever,with intent to injure any person, although without the intent to kill suchperson or to commit any felony, upon conviction is guilty of a felony ” (emphasis added).5. The trial court’s definition of “assault” required the jury to findAppellant guilty of a “willful and unlawful attempt or offer to do abodily harm to another.” We therefore find the jury’s guilty verdict ofassault in Count 2 tantamount to a verdict that Appellant shot at thevictim with a formed intent to do bodily harm.6. With Appellant’s two or more prior convictions, he is subject tothe same sentence for either crime, ten (20) years to life imprisonment.21 O.S.2011, § 51.1(B).7. Birdine v. State, 2004 OK CR 7, ¶ 6, 85 P.3d 284, 286 (modifyingmurder conviction to manslaughter, where necessary finding of fetus’sviability to convict of murder was rendered doubtful under erroneousinstruction, but evidence showed, beyond a reasonable doubt, thatdefendant committed manslaughter by killing an unborn quick child;and affirming life sentence).CONQUER YOURMOUNTAINBURNOUT DEPRESSIONANXIETY SUBSTANCE ABUSERELATIONSHIP CHALLENGESLAWYERS HELPING LAWYERS ASSISTANCE PROGRAMFREE 24-HOUR CONFIDENTIAL ASSISTANCE800.364.7886WWW.OKBAR.ORG/LHL1252The Oklahoma Bar JournalVol. 89 — No. 24 — 9/8/2018

Bar News2019 OBA Board ofGovernors VacanciesNominating Petition deadline was 5 p.m. Friday, Sept. 7, 2018OFFICERSPresident-ElectCurrent: Charles W. Chesnut, MiamiMr. Chesnut automatically becomesOBA president Jan. 1, 2019(One-year term: 2019)Nominee: Susan B. Shields,Oklahoma CitySupreme Court JudicialDistrict FiveCurrent: James L. Kee, DuncanCarter, Cleveland, Garvin, Grady,Jefferson, Love, McClain, Murrayand Stephens counties(Three-year term: 2019-2021)Nominee: VacantVice PresidentCurrent: Richard Stevens, Norman(One-year term: 2019)Nominee: Lane R. Neal,Oklahoma CityMember At LargeCurrent: Alissa Hutter, NormanStatewide(Three-year term: 2019-2021)Nominee: Josh D. Lee, VinitaMiles T. Pringle, Oklahoma CityBOARD OF GOVERNORSSupreme Court JudicialDistrict ThreeCurrent: John W. Coyle III,Oklahoma CityOklahoma County(Three-year term: 2019-2021)Nominee: David T. McKenzie,Oklahoma CityAndrew E. Hutter, Oklahoma CitySupreme Court JudicialDistrict FourCurrent: Kaleb K. Hennigh, EnidAlfalfa, Beaver, Beckham, Blaine,Cimarron, Custer, Dewey, Ellis,Garfield, Harper, Kingfisher,Major, Roger Mills, Texas, Washita,Woods and Woodward counties(Three-year term: 2019-2021)Nominee: VacantVol. 89 — No. 24 — 9/8/2018SUMMARY OFNOMINATIONS RULESNot less than 60 days prior to theannual meeting, 25 or more votingmembers of the OBA within theSupreme Court Judicial Districtfrom which the member of theBoard of Governors is to be electedthat year, shall file with the executive director, a signed petition(which may be in parts) nominatinga candidate for the office of memberof the Board of Governors for andfrom such judicial district, or oneor more county bar associationswithin the judicial district may filea nominating resolution nominatingsuch a candidate.Not less than 60 days prior to theannual meeting, 50 or more votingmembers of the OBA from any or alljudicial districts shall file with theexecutive director a signed petitionnominating a candidate to the officeof member at large on the Board ofGovernors, or three or more countyThe Oklahoma Bar Journalbars may file appropriate resolutions nominating a candidate forthis office.Not less than 60 days before theopening of the annual meeting,50 or more voting members of theassociation may file with theexecutive director a signed petitionnominating a candidate for theoffice of president elect or vicepresident, or three or more countybar associations may file appropriate resolutions nominating acandidate for the office.If no one has filed for one of thevacancies, nominations to any of theabove offices shall be received fromthe House of Delegates on a petitionsigned by not less than 30 delegatescertified to and in attendance at thesession at which the election is held.See Article II and Article III ofOBA Bylaws for complete information regarding offices, positions,nominations and election procedure.Elections for contested positionswill be held at the House of Delegates meeting Nov. 9, during theNov. 7-9 OBA Annual Meeting.Terms of the present OBA officersand governors will terminate Dec.31, 2018.Nomination and resolution formscan be found at www.okbar.org/members/BOG/BOGvacancies.NOTICEThis issue went to press before the deadline, andthe list of nominees may not be complete. Seewww.okbar.org/annualmeeting for updates.1253

Oklahoma Bar AssociationNominating Petitions(See Article II and Article III of the OBA Bylaws)OFFICERSPresident-ElectSusan B. Shields, Oklahoma CityNominating Petitions have beenfiled nominating Susan B. Shieldsfor President-Elect of the OklahomaBar Association Board of Governorsfor a one-year term beginningJanuary 1, 2019.A total of 573 signatures appear onthe petitions.Vice PresidentLane R. Neal, Oklahoma CityNominating Petitions have beenfiled nominating Lane R. Neal forVice President of the OklahomaBar Association Board of Governorsfor a one-year term beginningJanuary 1, 2019.A total of 127 signatures appear onthe petitions.BOARD OF GOVERNORSSupreme Court Judicial DistrictNo. 3David T. McKenzie,Oklahoma CityNominating Petitions have beenfiled nominating David T. McKenziefor election of Supreme Court Judicial District No. 3 of the OklahomaBar Association Board of Governorsfor a three-year term beginning January 1, 2019.A total of 57 signatures appear onthe petitions.1254Andrew E. Hutter, Oklahoma CityNominating Petitions have beenfiled nominating Andrew E. Hutterfor election of Supreme Court Judicial District No. 3 of the OklahomaBar Association Board of Governorsfor a three-year term beginning January 1, 2019. Twenty-five of thenames thereon are set forth below:John W. Coyle III, Brian Morton,Sonja Porter, Mike Arnett, KennethWatson, Jason Spanich, MyongChung, Joan Lopez, Lance Phillips,E. Seth Hendrick, Kelli Kelso, Redmond Kemether, John Hunsucker,Paul Austin, Lily Cruickshank,Keith McGill, Todd Kernal, AmberGodfrey, Josh Lee, Aaron Glover,Brian Young, Hayley Potts, PhillipWinters, Angela Sonagerra andAmanda EverettA total of 33 signatures appear onthe petitions.Member at LargeJosh D. Lee, VinitaNominating Petitions have beenfiled nominating Josh D. Lee, Vinitafor election of Member at Large ofthe Oklahoma Bar AssociationBoard of Governors for a three-yearterm beginning January 1, 2019.A total of 66 signatures appear onthe petitions.The Oklahoma Bar JournalMiles T. Pringle, Oklahoma CityNominating Petitions have beenfiled nominating Miles T. Pringle,Oklahoma City for election of Member at Large of the Oklahoma BarAssociation Board of Governors fora three-year term beginning January1, 2019. Fifty of the names thereonare set forth below:David A. Poarch, Valerie K. Couch,Len Cason, Paul Cason, Cody Cooper, Mack Martin, Amber Martin,John W. Coyle III, Jeremy Tubb,Lynn Pringle, Laura Pringle, JohnDavid Hershberger, C. Miles Tolbert,Lisa Cummings, Benjamin E. Russ,Michael P. Sullivan, Kent P. Sullivan,Douglas Dale, R. Lindsay Bailey,Greg Tontz, Jennifer Fischer, JamesRichard Martin, Mark H. Price, JackH. Petty, James R. Moore, ArmandoRosell, Linda K. Ellis, Elizabeth D.Crampton, Joel Hall, Steven R.McConnell, Sally K. Edwards, AmyDouglas, Alex Kaiser, Curtis Kaiser,Jennifer Kaiser, Blu Hulsey, BrentJohnson, Timothy Dowd, MeganDowd , Chase Schnebel, John Wadley, Nicole Blair, Gregory Chansolme, Andrew Harroz, RichardThomas Hornbeek , Daniel Hays,Daniel Couch, Peter Scimeca, KelseyQuillian and Lindsey RidgwayA total of 105 signatures appear onthe petitions.Vol. 89 — No. 24 — 9/8/2018

Calendar of EventsSeptember1214151718OBA Group Insurance Committee meeting;11:30 a.m.; Oklahoma Bar Center, Oklahoma Citywith teleconference; Contact Jo Angela Ables405-272-9221OBA Law-Related Education Committeemeeting; 12 p.m.; Oklahoma Bar Center, OklahomaCity with teleconference; Contact Amber Peckio Garrett918-895-7216OBA Young Lawyers Division meeting; 10 a.m.;Oklahoma Bar Center, Oklahoma City; ContactNathan Richter 405-376-2212OBA Boar

Oklahoma Bar Foundation 405-416-7070 www.okbar.org The Oklahoma Bar Journal (ISSN 0030-1655) is published three times a month in January, February, March, April, May, August, September, October November and December and bimonthly in June and July by the Oklahoma Bar Association, 1901 N. Lincoln Boulevard, Oklahoma City, Oklahoma 73105.

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Volume of Gas Produced per Mass of Liquid 0.54 m3/kg 8.6 ft3/lb Volume of Gas Produced per Unit Volume of Liquid 274 274 Volume occupied per mass of Liquid 1968.5 litres/tonne 437 gal/ton Volume of Air to burn Unit Volume of Gas 23 23 Volume of Oxygen to burn Unit Volume of Gas 4.8 4.8 Ignition Temperature 460-580 C 860-1076 F

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