Conclusions of Law Archives

F-2018-790

Post author:Staff
Post published:March 21, 2023
Post category:F

In OCCA case No. F-2018-790, the individual appealed his conviction for first-degree rape and kidnapping. In an unpublished decision, the court decided to vacate the convictions and remand the case to dismiss it due to a jurisdictional issue. One judge dissented. The case began when the individual, Wadkins, was convicted of committing serious crimes in Oklahoma. He argued that he should not have been tried in Oklahoma courts because he is considered Indian, and the crimes happened in an area recognized as Indian Country. This argument was based on the Supreme Court's earlier decision in McGirt v. Oklahoma, which stated that certain areas, like those belonging to the Creek Nation, are still considered Indian Country under the law. The focus of the appeal was on whether Wadkins could prove he had Indian status at the time of the crimes. To determine this, the court needed to check two things: if Wadkins had Indian blood and if he was recognized as an Indian by a tribe or the federal government. The court found that he had some Indian blood but struggled with whether he was recognized as an Indian when the crimes took place. During a hearing, evidence was presented to show that Wadkins had some ties to the Choctaw Nation but was not an enrolled member at the time of the offenses. He had a Certificate of Degree of Indian Blood (CDIB) and received health services reserved for Native Americans but was not yet a member of the tribe until after the crimes occurred. The court concluded that he did not meet the requirements to show he was recognized as Indian then and so ruled that Oklahoma had the right to prosecute him. However, upon appeal, the court found that the lower court made errors in its decisions regarding his recognition. They noted that even though Wadkins was not an official member at the time, he presented various forms of evidence, including his history of receiving medical care designed for Indians and family connections to the tribe, that showed he was, in fact, recognized as Indian. The final judgment stated that since Wadkins was recognized as Indian and the crimes occurred in Indian Country, Oklahoma courts did not have the authority to prosecute him. The decision concluded by saying that the charges against him were to be dismissed, meaning he would potentially face prosecution in a federal court instead. One judge expressed disagreement with this outcome, reflecting on the complex relationship of state and federal law regarding Indian issues.

F-2019-854

Post author:Staff
Post published:September 23, 2021
Post category:F

In OCCA case No. F-2019-854, Joshua Lee Purdom appealed his conviction for several serious crimes, including assault and battery, kidnapping, and rape. In an unpublished decision, the court decided to reverse his convictions and remand the case with instructions to dismiss it. One judge dissented. Joshua Lee Purdom was found guilty by a jury of multiple crimes and received a lengthy sentence in the District Court of Hughes County. The court took into account that Purdom committed these crimes against a victim who had Indian heritage and that the crimes occurred on land considered part of an Indian Reservation. This brought up a question about whether the state had the right to convict him. Purdom argued that because the victim was an enrolled member of an Indian tribe and the crimes happened on Indian land, the state did not have jurisdiction to prosecute him; instead, this should be handled by federal courts. The case brought attention to a ruling from the U.S. Supreme Court that said parts of Oklahoma were still considered Indian Country for legal purposes. The OCCA agreed with Purdom and found that based on the facts established in a hearing, the state did not have the authority to prosecute him. The victim’s status as an Indian and the location of the crimes played a crucial role in the decision. Therefore, the court dismissed the case, emphasizing that only federal courts have jurisdiction over crimes against Indians in Indian Country under federal law. In summary, the court reversed Purdom’s convictions and ordered the case to be dismissed, which means he will not face charges from this case.

F-2018-1268

Post author:Staff
Post published:August 26, 2021
Post category:F

In OCCA case No. F-2018-1268, Stewart Wayne Coffman appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to reverse the conviction and remand the case with instructions to dismiss it. One judge dissented. Coffman was found guilty of First Degree Manslaughter, and the judge sentenced him to forty years in prison. He appealed his conviction, claiming that the court did not have the right to try him because the victim, Joe Battiest, Jr., was a member of the Choctaw Nation and the crime took place in Indian Country. The case was affected by a past ruling, McGirt v. Oklahoma, which stated that crimes on certain Native American lands fall under federal jurisdiction. The appellate court ordered a hearing to investigate Coffman's claims about the victim’s status and the crime's location. During this hearing, experts confirmed that Battiest had a majority of Indian blood and was recognized by the Choctaw Nation. The crime took place at a specific address that was within the historical boundaries of the Choctaw Nation. The district court found no evidence that Congress had ever removed those boundaries. After reviewing the evidence, the court decided that Coffman's case should be dismissed because Oklahoma did not have jurisdiction to prosecute him, in line with the earlier McGirt decision. Therefore, the court reversed the judgments and sentences of the lower court, ordering the case dismissed.

F-2018-383

Post author:Staff
Post published:August 12, 2021
Post category:F

In OCCA case No. F-2018-383, Samantha Ann Perales appealed her conviction for first degree manslaughter, possession of controlled dangerous substance (methamphetamine), unlawful possession of drug paraphernalia, and no valid driver's license. In an unpublished decision, the court decided that the State of Oklahoma lacked jurisdiction to try Perales because she is a recognized member of an Indian tribe and the crimes occurred in Indian Country. Therefore, her convictions were reversed and the case was remanded to be dismissed. One judge dissented, stating that the Major Crimes Act should not prevent Oklahoma's jurisdiction in cases where federal prosecution is not possible.

F-2020-125

Post author:Staff
Post published:June 17, 2021
Post category:F

In OCCA case No. F-2020-125, Justin Dale Little appealed his conviction for First Degree Murder. In an unpublished decision, the court decided that Little's conviction should be vacated because the State of Oklahoma did not have the jurisdiction to prosecute him due to his status as an Indian and the location of the crime within Indian country. The ruling was influenced by the prior case McGirt v. Oklahoma, which established that certain lands are still considered Indian reservations under federal law. The court found that since Little is recognized as an Indian and the crime occurred within the boundaries of the Muscogee Reservation, only the federal government has the authority to prosecute him. There was a dissenting opinion expressing concerns about the implications of the decision and how it followed previous legal precedents.

F-2020-54

Post author:Staff
Post published:June 3, 2021
Post category:F

In OCCA case No. F-2020-54, Floyd Joseph Ball, Jr. appealed his conviction for kidnapping, assault and battery with a dangerous weapon, aggravated assault and battery, and disrupting an emergency telephone call. In an unpublished decision, the court decided to reverse the convictions and remand the case to the District Court of McClain County with instructions to dismiss the case. Ball's appeal raised several issues, particularly regarding the state's jurisdiction to prosecute him. He argued that he is an Indian under federal law and that the crimes occurred in Indian Country. The court recognized that these issues required more investigation. They sent the case back to the District Court for an evidentiary hearing to clarify whether Ball was indeed an Indian and whether the crimes took place in Indian Country. Both sides later agreed on a stipulation about the facts related to these questions. The District Court found that Ball had enough Indian blood and was recognized as an Indian by his tribe. It also determined that the crime happened on a reservation, meaning the State of Oklahoma had no jurisdiction to prosecute him for these crimes. The court ruled that Ball had proven his status and the location of the crimes, leading to the decision that the state could not prosecute him in this situation. The court decided that because of this finding, it did not need to address other claims raised by Ball and sent the case back to the lower court to dismiss it. Overall, the court recognized that Ball's rights under federal law regarding his Indian status and the location of the crime played a significant role in the outcome of the appeal.

F-2017-991

Post author:Staff
Post published:May 27, 2021
Post category:F

In OCCA case No. F-2017-991, Laurie Jean Martin appealed her conviction for Misdemeanor Manslaughter in the First Degree. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute her because she is a member of the Choctaw Nation and the crime occurred within the boundaries of the Chickasaw Reservation. The court reversed Martin’s conviction and remanded the case with instructions to dismiss it.

F-2017-1294

Post author:Staff
Post published:May 6, 2021
Post category:F

In OCCA case No. F-2017-1294, #1 appealed his conviction for #2. In an unpublished decision, the court decided #3. #4 dissented. The case involved Terrance Lucas Cottingham, who was found guilty of robbery with a dangerous weapon after having been previously convicted of two or more felonies. The conviction took place in the District Court of Washington County, where he was sentenced to 25 years in prison. He would have to serve 85% of his sentence before being eligible for parole. Cottingham argued that the court did not have the right to prosecute him because of his status as a member of the Osage Nation and because the crime occurred in what he believed to be Indian Country, specifically the Cherokee Nation's boundaries. He cited a federal law and a Supreme Court decision, McGirt v. Oklahoma, to support his argument. The Oklahoma Court of Criminal Appeals decided to send Cottingham's case back to the lower court for a hearing to examine his Indian status and the location of the robbery. They said that Cottingham needed to show that he had Indian blood and was recognized as an Indian by the tribe or by the federal government. If he could prove this, then it would be up to the state to show that it had jurisdiction to prosecute him. During the hearing, Cottingham and the Cherokee Nation agreed on certain facts. They confirmed that he had a degree of Indian blood and was a member of the Osage Nation at the time of the robbery. They also agreed that the robbery happened within the geographic area defined by treaties establishing the Cherokee Nation. The court found that Cottingham was indeed a member of the Osage Nation and that the robbery occurred in Indian Country based on their analysis of the law and treaties. This evidence showed that the state of Oklahoma did not have the legal right to prosecute Cottingham for the crime. The appeals court ultimately agreed with the findings of the lower court and concluded that Oklahoma did not have jurisdiction over the case. Therefore, they reversed Cottingham's conviction and instructed the District Court to dismiss the case. In summary, Cottingham's conviction was undone because it was determined that he was an Indian and that the crime took place in Indian Country. Consequently, the state court did not have the authority to prosecute him.

F-2017-1203

Post author:Staff
Post published:April 29, 2021
Post category:F

In OCCA case No. F-2017-1203, Victor Manuel Castro-Huerta appealed his conviction for child neglect. In an unpublished decision, the court decided that Oklahoma did not have jurisdiction to prosecute him, based on a prior ruling regarding Indian territory laws. One judge dissented, expressing concerns about the implications of the ruling and the handling of precedents.

F-2019-196

Post author:Staff
Post published:April 29, 2021
Post category:F

In OCCA case No. F-2019-196, Dakota Shay Fox appealed his conviction for Murder in the First Degree. In a published decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute Fox, and therefore, the case was reversed and remanded with instructions to dismiss. One judge dissented.

F-2017-1000

Post author:Staff
Post published:April 29, 2021
Post category:F

In OCCA case No. F-2017-1000, Sonny Raye McCombs appealed his conviction for several crimes including robbery, using a vehicle in a crime, possessing a firearm, larceny, and obstructing an officer. In an unpublished decision, the court decided to reverse the convictions and dismiss the case. McCombs argued that the court did not have jurisdiction over his case because he is a member of the Muscogee (Creek) Nation and the crimes happened on Native American land, which is called Indian Country. The court agreed that the State of Oklahoma could not prosecute him for these crimes because of the legal rulings made in earlier cases regarding Indian rights and territories. The majority of the judges emphasized that the crimes took place in areas still recognized as part of Indian Country, leading to the conclusion that the state lacked the authority to prosecute him. One judge dissented, expressing concerns over the majority opinion and its implications for federal and state law relationship.

F-2017-357

Post author:Staff
Post published:April 29, 2021
Post category:F

In OCCA case No. F-2017-357, Shawn Lee McDaniel appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to vacate the judgment and sentence, remanding the matter with instructions to dismiss. The main issue in this case was whether the victim was considered an Indian under federal law and whether the crime took place in Indian country, which is defined as land within the boundaries of Indian reservations. Both questions were answered affirmatively. The court looked to a previous case, McGirt v. Oklahoma, which established that certain lands in Oklahoma were still recognized as Indian reservations under federal law. McDaniel’s appeal was based on the fact that the murder occurred within the historic boundaries of the Cherokee Nation and that the victim was a recognized member of the Cherokee Nation at the time of his death. The court remanded the case to a lower court, which found that both of these conditions were true, meaning federal, not state, authorities had jurisdiction over the case. The court’s decision concluded that since the crime fell under the federal jurisdiction, the state of Oklahoma did not have the authority to prosecute McDaniel. Consequently, the judgement was vacated, and the matter was directed to be dismissed. While most judges agreed with the results, there were dissenting opinions which expressed concern and highlighted issues within the majority opinion, particularly regarding its adherence to historical precedents and the implications of McGirt's ruling.

F-2017-336

Post author:Staff
Post published:April 8, 2021
Post category:F

In OCCA case No. F-2017-336, Bea Ann Epperson appealed her conviction for two counts of Embezzlement of Building Trust. In an unpublished decision, the court decided to reverse her convictions and remand the case with instructions to dismiss. One judge dissented. Bea Ann Epperson was found guilty in a trial without a jury for embezzling money related to a building trust. She was sentenced to five years in prison for each count, but her sentences were suspended, meaning she wouldn’t serve time unless she violated certain conditions. Epperson believed that the court did not have the right to try her case because she is a member of the Cherokee Nation, and the victims might be part of the Creek Nation, with the crimes happening on Creek Reservation land. This argument was connected to a U.S. Supreme Court decision called McGirt v. Oklahoma, which deals with whether certain areas are considered Indian Country. The questions involved were Epperson's Indian status, the status of the victims, and the location of the crimes. Because these questions needed more fact-finding, the case was sent back to the District Court. At a hearing to gather more details, it was determined that Epperson had some Indian blood (3/64th degree) and was recognized as a member of the Cherokee Nation. It was also confirmed that the crimes took place within the boundaries of the Creek Reservation. The court accepted these agreements made by both sides regarding what the evidence would show. In a later brief, the State supported the District Court’s findings, but wanted time to consider whether to file new charges against Epperson. After reviewing everything, the court agreed Epperson had shown she was an Indian and that the crimes happened in Indian Country, thus the State of Oklahoma did not have the right to try her. The court reversed the judgment of Epperson's convictions and sent the case back to be dismissed, meaning she wouldn't face charges for the embezzlement anymore.

F-2019-115

Post author:Staff
Post published:April 8, 2021
Post category:F

In OCCA case No. F-2019-115, Beck appealed his conviction for multiple serious crimes, including First Degree Burglary and Assault with a Dangerous Weapon. In a published decision, the court decided that the State of Oklahoma did not have the authority to prosecute him because he is recognized as an Indian and the crimes occurred in what is considered Indian Country. The result was that Beck's convictions were overturned, and the case was sent back with instructions to dismiss the charges. There was a dissenting opinion regarding the application of the law.

F-2018-830

Post author:Staff
Post published:April 8, 2021
Post category:F

In OCCA case No. F-2018-830, Charles Michael Cooper appealed his conviction for First Degree Murder, First Degree Arson, First Degree Burglary, and Second Degree Rape by Instrumentation. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute Cooper because he is an enrolled member of the Chickasaw Nation and the crimes occurred within the boundaries of the Chickasaw Nation Reservation. The judgment and sentence were vacated, and the matter was remanded with instructions to dismiss the case. A Judge dissented regarding the conclusion about the Chickasaw Reservation's status.

C-2017-1223

Post author:Staff
Post published:April 8, 2021
Post category:C

In OCCA case No. C-2017-1223, Travis Dray Stewart appealed his conviction for Child Sexual Abuse, After Former Conviction of Two Felonies. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute Stewart because he is an Indian and the crimes occurred on a reservation. The judgment against Stewart was reversed and the case was sent back to court with instructions to dismiss it. One member of the court dissented.

F-2017-1245

Post author:Staff
Post published:April 8, 2021
Post category:F

In OCCA case No. F-2017-1245, Jeffery Arch Jones appealed his conviction for five counts of Sexual Abuse-Child Under 12. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute him because he is a member of the Cherokee Nation, and the crimes occurred within the boundaries of the Creek Reservation. The conviction and sentence were reversed, and the case was remanded with instructions to dismiss. One judge dissented.

F-2017-889

Post author:Staff
Post published:April 1, 2021
Post category:F

In OCCA case No. F-2017-889, Joseph Stanley Harjo appealed his conviction for Child Sexual Abuse. In a published decision, the court decided to reverse the conviction and remand the case to the District Court of Muskogee County with instructions to dismiss. One judge dissented. Harjo was convicted in a trial where the jury sentenced him to life imprisonment. He argued that the court did not have the right to try him because he is a member of the Creek Nation, and the crime occurred within the Creek Reservation. This raised important questions about whether he is legally recognized as an Indian and if the crime took place on tribal land. The case was sent back to the District Court for a fact-finding hearing, where it was determined that Harjo is 1/4 Indian blood, a member of the Muscogee (Creek) Nation, and that the crime took place within the jurisdiction of the tribe. Both parties agreed on these facts, leading the District Court to conclude that the state did not have the authority to prosecute Harjo. After careful review of the case and the findings from the evidentiary hearing, the court determined that Harjo was indeed an Indian under federal law, and the crime occurred in Indian Country. Therefore, the state had no jurisdiction over the case. The court reversed the judgment and sent the case back to be dismissed.

F-2020-46

Post author:Staff
Post published:April 1, 2021
Post category:F

In OCCA case No. F-2020-46, Robert William Perry, II appealed his conviction for five counts of sexual abuse of a child under 12. In an unpublished decision, the court decided to reverse and remand the case to the lower court with instructions to dismiss. One judge dissented. Perry was originally found guilty and sentenced to lengthy prison terms, including life imprisonment. He claimed that the State of Oklahoma did not have jurisdiction to prosecute him for these crimes. This claim was supported by federal law and a recent Supreme Court decision. The court agreed to hold a hearing to look into Perry's status as an Indian and whether the crimes took place within the boundaries of the Muscogee (Creek) Nation, which is a federally recognized tribe. During the hearing, both parties agreed on certain facts: Perry was a registered member of the Muscogee (Creek) Nation and had tribal blood, and the crimes occurred within that Nation's historical boundaries. The lower court found that Perry is considered an Indian under the law and confirmed that the crimes happened on the reservation. Following this, the appeals court determined that the state court did not have the authority to prosecute Perry based on the legal principles established in the recent Supreme Court case. Therefore, the appeal led to the decision to reverse Perry's conviction and dismiss the case.

C-2019-853

Post author:Staff
Post published:April 1, 2021
Post category:C

In OCCA case No. C-2019-853, the petitioner appealed his conviction for first degree murder and larceny. In a published decision, the court decided to vacate the judgment and sentence and remand the case with instructions to dismiss. One judge dissented. The case involved a woman who entered a guilty plea for two crimes: first degree murder and larceny of merchandise. She was sentenced to life in prison for the murder and thirty days for the larceny, with both sentences running at the same time. Later, she wanted to change her guilty plea and filed a motion to withdraw it. During the appeal, one major issue raised was whether the State of Oklahoma had the right to prosecute her. The woman argued that the state didn’t have jurisdiction because of her status as a member of a federally recognized tribe and the nature of the crime being committed within the reservation boundaries. The court looked at a recent Supreme Court decision, McGirt v. Oklahoma, where it was determined that certain lands in Oklahoma are still recognized as Native American reservations. The court agreed with the petitioner about the jurisdiction issue. Both the petitioner and the state agreed on certain facts regarding her tribal membership and the location of the crime. Since the court found that the state did not have the right to prosecute the petitioner, it decided to vacate the earlier judgment and sentence. The decision meant that the petitioner would not face charges in state court but rather would need to be prosecuted in federal court because of her tribal affiliation and the location of the crime committed. This ruling highlighted the importance of understanding jurisdiction, especially when it involves Native American rights and lands.

C-2019-263

Post author:Staff
Post published:April 1, 2021
Post category:C

In OCCA case No. C-2019-263, Floyd Joseph Ball, Jr. appealed his conviction for Rape in the First Degree and Kidnapping. In an unpublished decision, the court decided that the State of Oklahoma did not have the right to prosecute Ball because he is considered an Indian under federal law, and the crimes occurred in Indian Country. The judgment and sentence were reversed, and the case was remanded to the District Court with orders to dismiss it. One judge dissented from this decision.

F-2019-68

Post author:Staff
Post published:March 25, 2021
Post category:F

In OCCA case No. F-2019-68, Johnny Edward Mize, II appealed his conviction for First Degree Manslaughter (Heat of Passion). In a published decision, the court decided that the District Court did not have jurisdiction to prosecute Mize. Mize had claimed that the State of Oklahoma did not have the authority to prosecute him because the victim was part of a federally recognized tribe and the crime occurred within a reservation. The court supported this claim after an evidentiary hearing, confirming that the victim had Indian status and that the crime happened in the boundaries of the Muscogee Creek Reservation. As a result, the original judgment and sentence were vacated, and the matter was sent back to the district court with instructions to dismiss the case. The decision relied on previous case law stating that Oklahoma does not have jurisdiction over crimes involving Indian victims that take place on tribal land.

F-2016-453

Post author:Staff
Post published:March 18, 2021
Post category:F

In OCCA case No. F-2016-453, Grant N. Jackson, IV appealed his conviction for Child Abuse by Injury. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute Jackson due to the circumstances of the case. Jackson's conviction was found to be invalid, and the court instructed to dismiss the case. One judge dissented.

C-2018-640

Post author:Staff
Post published:March 18, 2021
Post category:C

In OCCA case No. C-2018-640, Jimmie Dewayne Starr appealed his conviction for multiple crimes. In an unpublished decision, the court decided to vacate his convictions and remand the case for dismissal. One judge dissented. Starr had entered a guilty plea for crimes in three different cases, including endangering others while trying to escape from police, failure to wear a seatbelt, possession of a controlled substance, resisting an officer, and bail jumping. He received several sentences that were ordered to be served concurrently, meaning he would serve them at the same time, rather than one after the other. After his sentencing, Starr wanted to withdraw his guilty plea, so he asked the court to allow it. The court held a hearing on Starr's request but ultimately denied it. This led to Starr appealing the decision, raising several issues including whether the court had the right to sentence him, whether he had good legal help, whether improper evidence led to an unfair sentence, and whether the state had jurisdiction in his case. The court looked closely at one of Starr's arguments about jurisdiction. He claimed that the State of Oklahoma didn't have the right to prosecute him based on a previous Supreme Court decision known as McGirt v. Oklahoma. This case said that certain crimes committed by Native Americans on tribal land must be handled in federal court, not state court. To investigate his claims, the court sent the case back to the lower district court to gather facts, specifically focusing on Starr's status as an Indian and whether the crime happened within the boundaries of the Muscogee Creek Reservation. Both sides agreed on several important facts about Starr's Indian blood, his membership in the Creek Nation, and that the crime occurred on Creek land. The district court accepted these facts and concluded that under federal law, Starr was indeed considered an Indian, and the crime took place on the reservation. Because of the ruling in the McGirt case, the appellate court decided that the state court did not have the authority to prosecute Starr. As a result, the appellate court vacated all of Starr's convictions, which means they were canceled, and they instructed the lower court to dismiss the case. This decision emphasized that Starr should be prosecuted in federal court instead of state court.

F-2017-1186

Post author:Staff
Post published:March 18, 2021
Post category:F

In OCCA case No. F-2017-1186, Shannon James Kepler appealed his conviction for First Degree Manslaughter. In a published decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute Kepler. The court found that he is an Indian and that the crime happened within the boundaries of the Muscogee Creek Nation Reservation. Therefore, the court granted his appeal and vacated the conviction. One judge dissented.