Charles Michael Cooper v The State Of Oklahoma
F-2018-830
Filed: Apr. 8, 2021
Not for publication
Prevailing Party: The State Of Oklahoma
Summary
Charles Michael Cooper appealed his conviction for First Degree Murder, First Degree Arson, First Degree Burglary, and Second Degree Rape by Instrumentation. His conviction and sentence included life in prison without parole for murder and additional years for the other crimes, which were to be served one after the other. The court decided that Oklahoma did not have the right to prosecute him because he is a member of the Chickasaw Nation and the crimes happened on their land. Therefore, they dismissed his case. Judge Lumpkin dissented, expressing concerns about the application of federal law in this situation.
Decision
The Judgment and Sentence of the District Court is VACATED. 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 Charles Michael Cooper?
- Did Charles Michael Cooper receive effective assistance of counsel?
Findings
- the court erred
- the judgment and sentence are vacated
- the matter is remanded with instructions to dismiss
F-2018-830
Apr. 8, 2021
Charles Michael Cooper
Appellantv
The State Of Oklahoma
Appellee
v
The State Of Oklahoma
Appellee
SUMMARY OPINION
ROWLAND, VICE PRESIDING JUDGE: Charles Michael Cooper was tried in a non-jury trial in the District Court of Pontotoc County, Case No. CF-2016-535. The Honorable C. Steven Kessinger, District Judge, found Cooper guilty of First Degree Murder (Count 1), in violation of 21 O.S.Supp.2012, § 701.7; First Degree Arson (Counts 2 and 5), in violation of 21 O.S.Supp.2013, § 1401; First Degree Burglary (Count 3), in violation of 21 O.S.2011, § 1431; and Second Degree Rape by Instrumentation (Count 4), in violation of 21 O.S.Supp.2015, § 1111.1. Judge Kessinger sentenced Cooper to life imprisonment without parole on Count 1, thirty-five years imprisonment on Counts 2 and 5, twenty years imprisonment on Count 3, and fifteen years imprisonment on Count 4. All counts were ordered to be served consecutively.
Cooper appeals raising the following issues: (1) whether the State of Oklahoma had jurisdiction to prosecute him; and (2) whether he received effective assistance of counsel. We find relief is required on Cooper’s jurisdictional challenge in Proposition 1, rendering his other claim moot.
Cooper claims the State of Oklahoma did not have jurisdiction to prosecute him. He 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 Pontotoc County for an evidentiary hearing. The District Court was directed to make findings of fact and conclusions of law on two issues: (a) Cooper’s status as an Indian; and (b) whether the crime occurred in Indian Country, namely within the boundaries of the Chickasaw Nation 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.
On October 8, 2020, the parties filed written stipulations in the District Court. On October 19, 2020, the parties appeared for an evidentiary hearing on the remand order. On November 19, 2020, the District Court filed its Findings of Fact and Conclusions of Law. The parties agreed by stipulation that (1) Cooper has some Indian blood; (2) he was an enrolled member of the Chickasaw Nation on the date of the charged offense; and (3) the Chickasaw Nation is a federally recognized tribe. The District Court accepted this stipulation and reached the same conclusion in its Findings of Fact and Conclusions of Law.
As to the second question on remand, whether the crime was committed in Indian country, the stipulation of the parties was less dispositive. They agreed only that the charged crime occurred within the historical geographic area of the Chickasaw Nation as designated by various treaties. In a thorough and well-reasoned order, the District Court examined the treaties between the Chickasaw Nation and the United States of America. The District Court concluded that the treaties established a reservation for the Chickasaw Nation and that no evidence was presented showing that Congress had ever erased the boundaries of, or disestablished, the Chickasaw Reservation. This Court adopted this same conclusion of law in Bosse v. State, 2021 OK CR 3, 99 P.3d . For purposes of federal criminal law, the land upon which the parties agree Cooper allegedly committed the crime is within the Chickasaw Reservation and is thus Indian country.
The ruling in McGirt governs this case and requires us to find the District Court of Pontotoc County did not have jurisdiction to prosecute Cooper. Accordingly, we grant relief based upon the argument raised in Proposition 1.
DECISION
The Judgment and Sentence of the District Court is VACATED. 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.
2
Footnotes:
- 21 O.S.Supp.2012, § 701.7
- 21 O.S.Supp.2013, § 1401
- 21 O.S.2011, § 1431
- 21 O.S.Supp.2015, § 1111.1
- 18 U.S.C. § 1153
- McGirt v. Oklahoma, 591 U.S. , 140 S. Ct. 2452 (2020)
- Bosse v. State, 2021 OK CR 3, 99 10, 12, P.3d .
- McGirt v. Oklahoma, 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) (unpublished)
Oklahoma Statutes citations:
- Okla. Stat. tit. 21 § 701.7 (2012) - First Degree Murder
- Okla. Stat. tit. 21 § 1401 (2013) - First Degree Arson
- Okla. Stat. tit. 21 § 1431 (2011) - First Degree Burglary
- Okla. Stat. tit. 21 § 1111.1 (2015) - Second Degree Rape by Instrumentation
Oklahoma Administrative Rules citations:
No Oklahoma administrative rules found.
U.S. Code citations:
- 18 U.S.C. § 1153 - Major Crimes Act
Other citations:
No other rule citations found.
Case citations:
- Bramlett v. State, 2018 OK CR 19, I 36, 422 P.3d 788, 799-800
- 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)