Nacole Ryan Bain v The State Of Oklahoma

C-2019-853

Filed: Apr. 1, 2021

Not for publication

Prevailing Party: State Of Oklahoma

Summary

Nacole Ryan Bain appealed her conviction for First Degree Murder and Larceny of Merchandise from a Retailer. Her conviction and sentence were vacated, meaning she is not sentenced for those crimes anymore. Judge Lumpkin dissented, expressing concerns about the ruling's impact on prior precedents regarding Indian reservations.

Decision

The Judgment and Sentence of the district court is VACATED and the matter is REMANDED WITH INSTRUCTIONS TO DISMISS. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2021), the MANDATE is ORDERED to issue in twenty (20) days from the delivery and filing of this decision.

Issues

• was there jurisdiction for the State of Oklahoma to prosecute Bain?
• was Bain's guilty plea entered as a result of coercion and duress?
• did Bain receive effective assistance of counsel?

Findings

• the District Court did not have jurisdiction to prosecute Bain
• relief is granted on Bain's jurisdictional challenge, rendering her other claims moot
• the Judgment and Sentence of the district court is VACATED
• the matter is REMANDED WITH INSTRUCTIONS TO DISMISS

C-2019-853

Apr. 1, 2021

Nacole Ryan Bain

Appellant

v

The State Of Oklahoma

Appellee

SUMMARY OPINION

ROWLAND, VICE PRESIDING JUDGE:

Nacole Ryan Bain entered a guilty plea in the District Court of Okmulgee County to crimes charged in the following two cases: in Case No. CF-2018-196, First Degree Murder, in violation of 21 O.S.Supp.2012, § 701.7(A); and in Case No. CM-2018-492, Larceny of Merchandise from Retailer, in violation of 21 O.S.Supp.2016, § 1731. The Honorable Douglas A. Kirkley, District Judge, accepted Bain’s plea and sentenced her to life imprisonment with the possibility of parole on the first degree murder conviction and thirty days on the larceny conviction. The sentences were ordered to be served concurrently. Bain filed a timely motion to withdraw her guilty plea. After a hearing on the motion to withdraw held on November 20, 2019, the motion was denied. Bain appeals the denial of this motion, raising the following issues: (1) whether the State of Oklahoma had jurisdiction to prosecute her; (2) whether her plea was entered as a result of coercion and duress; and (3) whether she received effective assistance of counsel. We find relief is required on Bain’s jurisdictional challenge in Proposition 1, rendering her other claims moot.

Bain claims the State of Oklahoma did not have jurisdiction to prosecute her. She relies on 18 U.S.C. § 1153 and McGirt v. Oklahoma, 591 U.S. , 140 S.Ct. 2452 (2020). On August 19, 2020, this Court remanded this case to the District Court of Okmulgee County for an evidentiary hearing. We directed the District Court to make findings of fact and conclusions of law on two issues: (a) Bain’s status as an Indian; and, (b) whether the crime occurred within the boundaries of the Muscogee (Creek) Reservation. Our order provided that if the parties agreed as to what the evidence would show with regard to the questions presented, the parties could enter into a written stipulation setting forth those facts, and no hearing would be necessary.

The Honorable Douglas A. Kirkley set the hearing on remand for October 21, 2020. On October 16, 2020, the parties filed written, agreed Stipulations and Joint Motion to Strike Hearing in which they agreed: (1) that Bain has some Indian blood; (2) that she was a recognized member of the Muscogee (Creek) Nation on the date of the charged offense; (3) that the Muscogee (Creek) Nation is a federally recognized tribe; and, (4) that the charged crime occurred within the boundaries of the Muscogee (Creek) Nation Reservation. The District Court accepted the parties’ stipulations and on December 15, 2020, filed its Findings of Fact and Conclusions of Law in the District Court of Okmulgee County. The District Court found the facts recited above in accordance with the stipulations. The District Court concluded that Bain is an Indian under federal law and that the charged crimes occurred within the boundaries of the Muscogee (Creek) Reservation. The District Court’s findings are supported by the record. The ruling in McGirt governs this case and requires us to find the District Court of Okmulgee County did not have jurisdiction to prosecute Bain. Accordingly, we grant relief on error raised in Proposition 1.

DECISION

The Judgment and Sentence of the district court is VACATED and the matter is REMANDED WITH INSTRUCTIONS TO DISMISS. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2021), the MANDATE is ORDERED to issue in twenty (20) days from the delivery and filing of this decision.

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Footnotes:

1. 18 U.S.C. § 1153
2. McGirt v. Oklahoma, 591 U.S. , 140 S.Ct. 2452 (2020)
3. 21 O.S.Supp.2012, § 701.7(A)
4. 21 O.S.Supp.2016, § 1731
5. McGirt v. Oklahoma, U.S. , 140 S. Ct. 2452 (2020)
6. Bosse v. State, 2021 OK CR 3, P.3d
7. Hogner v. State, 2021 OK CR 4, P.3d
8. Krafft v. State, No. F-2018-340 (Okl.Cr., Feb. 25, 2021)

Oklahoma Statutes citations:

• Okla. Stat. tit. 21 § 701.7 (2012) - First Degree Murder
• Okla. Stat. tit. 21 § 1731 (2016) - Larceny of Merchandise from Retailer

Oklahoma Administrative Rules citations:

No Oklahoma administrative rules found.

U.S. Code citations:

• 18 U.S.C. § 1153 - Offenses committed within Indian country

Other citations:

No other rule citations found.

Case citations:

• McGirt v. Oklahoma, 591 U.S. , 140 S.Ct. 2452 (2020)
• Bosse v. State, 2021 OK CR 3, __P.3d
• Hogner v. State, 2021 OK CR 4, __P.3d
• Krafft v. State, No. F-2018-340 (Okl.Cr., Feb. 25, 2021)