F-2020-818
In OCCA case No. F-2020-818, the appellant appealed his conviction for child sexual abuse and other related offenses. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute the appellant. One judge dissented. The case involved Joseph Scott Bennett, who was convicted of several crimes, including child sexual abuse and possessing a firearm after a felony conviction. The jury sentenced him to life in prison without parole for the most serious crimes and additional years for firearm possession. Bennett argued that the State didn't have the right to prosecute him because the crimes took place on lands that are part of the Cherokee Nation, and he is recognized as a member of the Cherokee Nation. During the trial, Bennett tried to dismiss the charges based on the argument that the state court did not have jurisdiction because of a Supreme Court case known as McGirt v. Oklahoma. This case stated that some crimes committed by Native Americans on certain lands could only be prosecuted in federal court rather than state court. The trial court did not agree with Bennett's argument but allowed the issue to be reviewed later on appeal. The appeals court found that, following McGirt, it was established that the area where the crimes occurred was indeed a Cherokee Reservation, and since Bennett proved he was a member of the tribe, the state courts should not have held the trial. As a result, the court vacated Bennett's judgment and sentence, which meant that his convictions were canceled, and they instructed that the matter be dismissed. The case shows how legal rulings can change depending on new interpretations of jurisdiction and tribal rights under U.S. law.