GRAY v. UPP

GRAY v. UPP
1997 OK 98
943 P.2d 592
68 OBJ 2455
Case Number: 89519
Decided: 07/08/1997
Supreme Court of Oklahoma

MELANIE GRAY, Petitioner,
v.
HONORABLE BRIAN UPP, Special District Judge for the Seventh Judicial District, in and for Oklahoma County, Respondent.

ORDER

¶1 Original jurisdiction is assumed. Let the writ of mandamus issue. The respondent is directed in Oklahoma County District Court Case No. JF-93-1424, styled In the Matter of Sasha Gray, Shawandra Gray, Danyelle Neal, Jr., and Shareka Gray Neal, alleged deprived children, to allow the mother a jury trial on proceedings to terminate her parental rights, pursuant to the Due Process Clause of Oklahoma's Constitution and this Court's decisions in A.E. v. State, 743 P.2d 1041, 1047 (Okl. 1987) and Matter of D.D.F., 801 P.2d 703, 705 (Okl. 1990).

¶2 We hold that the 1990 Amendment to Oklahoma Constitution, Art. 2, §19 neither repealed nor negated the right of a parent to be tried by his/her peers in a proceeding to determine whether there shall be a permanent parting of the bonds linking parent to child.

DONE BY ORDER OF THE SUPREME COURT THIS 7th DAY OF JULY, 1997.

/s/ Yvonne Kauger

CHIEF JUSTICE

¶3 Kauger, C.J., Summers, V.C.J., Hodges, Lavender, Simms, Hargrave, Wilson, Watt, JJ. - concur;

¶4 Opala, J. - dissents.