Dismissal Archives - OCCA Opinions

F-2020-510

Post author:Staff
Post published:January 13, 2022
Post category:F

In OCCA case No. F-2020-510, Dewayne Shomo appealed his conviction for Possession of a Firearm, After Former Conviction of Two or More Felonies. In a published decision, the court decided to reverse his conviction and remand the case with instructions to dismiss it. One judge dissented. Dewayne Shomo was found guilty during a non-jury trial and sentenced to eighteen months in prison. He argued that the state did not have the right to prosecute him because he is a member of the Choctaw Nation and the alleged crime happened within the Choctaw Reservation. The case's outcome was based on a ruling made in another case, McGirt v. Oklahoma, which established that certain crimes committed by or against Indians within Indian territory must be prosecuted in federal court, not state court. After reviewing his case, the Oklahoma Court of Criminal Appeals agreed that Shomo’s crime was indeed committed within the boundaries of the Choctaw Nation, and he meets the criteria to be regarded as an Indian for jurisdiction purposes. As the state did not have the authority to prosecute him for this crime, his conviction was deemed invalid, and thus, the court instructed the lower court to dismiss the case against him.

F-2017-635

Post author:Staff
Post published:October 7, 2021
Post category:F

In OCCA case No. F-2017-635, Shaynna Lauren Sims appealed her conviction for several crimes, including knowingly concealing stolen property and first-degree burglary. In an unpublished decision, the court decided to reverse the judgments and sentences against Sims, concluding that the State did not have jurisdiction to prosecute her. The situation involved a victim who was an enrolled member of the Muscogee (Creek) Nation, and the crimes occurred within the Creek Nation's boundaries. Therefore, the case was remanded with instructions to dismiss the charges. One judge dissented, expressing a different opinion about the jurisdiction issues related to the case.

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 In an unpublished decision, the court decided that Little's conviction should be vacated because the State of Oklahoma did not have the jurisdiction to prosecute him due to his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-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-2017-357

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-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-2016-1030

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

In OCCA case No. F-2016-1030, David Deval Martin appealed his conviction for First Degree Murder. In a published decision, the court decided to reverse the conviction and remand the case for dismissal. No one dissented. David Deval Martin was found guilty of First Degree Murder after a jury trial in McIntosh County. The judge sentenced him to life in prison without the chance of parole. Martin argued that the court did not have the authority to try him because he is a member of the Muscogee (Creek) Nation, and the crime occurred on tribal land. The court looked at an important case called McGirt v. Oklahoma, which helped answer Martin’s questions about his status as an Indian and where the crime took place. They sent the case back to the local court for a closer look. There, it was determined through evidence that Martin is a member of the Creek Nation with some Indian blood, and the crime occurred within the Creek Nation’s territory. After the local court reviewed the evidence and found in favor of Martin, both sides agreed on important facts about his identity and where the crime occurred. Because of this, the higher court concluded that the state of Oklahoma did not have the right to prosecute Martin under these circumstances. As a result, they overturned the conviction and told the lower court to dismiss the charges against him.

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.

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.

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-2017-889

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.

F-2016-937

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

In OCCA case No. F-2016-937, Erik Sherney Williams appealed his conviction for First Degree Murder. In an unpublished decision, the court decided that the district court did not have jurisdiction to try Williams for murder because of the victim's status as an Indian and the location of the crime being on the Muscogee Creek Nation Reservation. The court vacated the judgment and sentence and instructed to dismiss the case. One judge dissented.

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.

M-2015-506

Post author:Staff
Post published:August 17, 2016
Post category:M

In OCCA case No. M-2015-506, Bell appealed her conviction for Disorderly Conduct and Interfering or Obstructing by Disobeying a Lawful Command. In an unpublished decision, the court decided to reverse the convictions and instructed to dismiss the case. One judge dissented. Bell was arrested on September 21, 2014, after protesting against a Satanic Black Mass at the Oklahoma City Civic Center. She was initially charged with trespassing but this was changed to Disorderly Conduct and Interfering or Obstructing by Disobeying a Lawful Command. Bell had gone to the Civic Center to pray against the event and knelt to pray on public property. She refused to leave when asked by police officers and was arrested. During the trial, witnesses, including police officers, testified that she did not block any entrances, and the City could not prove that she had obstructed access as per the ordinance she was charged under. The court found there was not enough evidence to support the claims that Bell had violated the law concerning disorderly conduct and interfering with the police. The judge reviewing the case decided that Bell's actions, which were protected under the First Amendment, did not constitute criminal obstruction. Although there were differences in opinion among the judges, the majority felt there was a lack of legal basis for the charges.

F-2015-155

Post author:Staff
Post published:March 31, 2016
Post category:F

In OCCA case No. F-2015-155, Sauter appealed his conviction for robbery with a firearm and burglary in the first degree. In a published decision, the court decided to reverse the conviction due to insufficient evidence. One judge dissented. Sauter was found guilty by a jury in the District Court of Nowata County and was sentenced to a total of forty-seven years in prison along with fines. The evidence presented during the trial primarily came from two accomplices, Welsh and Fulcher. Sauter argued that since these accomplices’ testimonies were not supported by independent evidence, his convictions should not stand. The court explained that under Oklahoma law, the testimony of an accomplice cannot solely support a conviction unless there is other evidence that connects the defendant to the crime. The court found that while there was evidence linking Sauter’s vehicle to the crimes, there was no evidence that directly implicated Sauter himself. Since the only evidence against Sauter came from the testimonies of Welsh and Fulcher, which lacked corroboration, the court had to reverse the convictions. The dissenting judge felt there was enough independent evidence connecting Sauter to the crimes, particularly the fact that Sauter's car was used and that he had been seen driving it shortly before the home invasion. This judge believed that the jury could conclude Sauter was complicit in the robbery and burglary based on the evidence presented.

JS 2015-1076

Post author:Staff
Post published:March 24, 2016
Post category:JS

In OCCA case No. JS 2015-1076, R.Z.M. appealed his conviction for Forcible Oral Sodomy. In a published decision, the court decided to affirm the trial court's order that dismissed the charge. One judge dissented. R.Z.M. was born on November 21, 1997, and was charged with serious crimes in Tulsa County. The charges included Rape-First Degree and Forcible Oral Sodomy. However, the first charge was dismissed before the trial. When it came to the second charge, R.Z.M.'s defense team asked to have it dismissed too. The judge agreed and granted the motion to dismiss on November 30, 2015. The State of Oklahoma was not happy with this decision, so they decided to appeal it. They argued that the trial court made a mistake by ruling that someone cannot be charged with Forcible Sodomy if the victim is too intoxicated to be aware during the act. However, the court decided that there was no error in the trial court’s ruling. The opinion explained that the law about Forcible Sodomy does not mention anything about intoxication. In this case, the law is very specific and does not allow for broad interpretations. Since the law does not include intoxication as a reason for the crime of Forcible Sodomy, the dismissal was upheld. In summary, the court sided with R.Z.M. and kept the trial court's decision to dismiss the charge.

J-2015-930

Post author:Staff
Post published:February 19, 2016
Post category:J

In OCCA case No. J-2015-930, Z.M.M. appealed his conviction for two counts of Rape in the First Degree and seven counts of Lewd Acts with a Child under 16. In a published decision, the court decided to dismiss the appeal as moot. No one dissented. The case started after a non-jury trial where the District Court of Cleveland County found Z.M.M. guilty. The judge sentenced him to twenty-five years in prison for each count. Later, a motion was filed by the state to transfer Z.M.M. to the Oklahoma Department of Corrections. Z.M.M. appealed, arguing that he should receive credit for the time he spent in the custody of the Office of Juvenile Affairs. The state's response to the appeal acknowledged that Z.M.M. should be given credit for that time. They provided an amended judgment that corrected this mistake. Since the main issue in Z.M.M.’s appeal had been resolved, the court suggested that the appeal was no longer necessary and could be dismissed. When the court asked Z.M.M. to respond, he did not object to the dismissal. Because there was no reason to continue the case, the appeal was officially dismissed, ending the court's involvement.

RE 2013-0523

Post author:Staff
Post published:March 6, 2014
Post category:RE

In OCCA case No. RE 2013-0523, Michelle Renea Runco appealed her conviction for Neglect by Caretaker. In a published decision, the court decided to reverse the revocation of her suspended sentence and send the case back for a new hearing with legal representation. One judge dissented.

S-2013-415

Post author:Staff
Post published:November 20, 2013
Post category:S

In OCCA case No. S-2013-413 & 415, Mark Anthony Herfurth appealed his conviction for Failure to Register as a Sex Offender and Sex Offender Living within 2000 feet of a School. In an unpublished decision, the court decided to affirm the lower court's ruling to dismiss the charges against him. One judge dissented. Mark Anthony Herfurth was taken to court because he was accused of not registering as a sex offender and for living too close to a school after he had been convicted of a crime related to indecent exposure. In his earlier conviction, he had agreed to register as a sex offender for a certain number of years. However, when laws changed in 2007, it meant that people in his situation could be assigned a risk level and have to register for longer. Herfurth argued that he shouldn't be held to the new law because he had already completed his requirements from his original plea. The judge agreed with him and dismissed the charges, saying that the laws could not be applied to him retroactively. The State of Oklahoma did not agree with this decision. They believed that the new law should apply to Herfurth since he was still required to register as a sex offender. They argued that laws are meant to protect the public, and because he was registering at the time of the new law's change, he should follow the new rules. However, upon review, the court decided that the lower court did not make a mistake. They concluded that the 2007 law was a significant change and should only apply going forward, not backward. The court also stated that applying the 2007 law to Herfurth after his original plea would have changed his obligations unfairly. Therefore, the appeals court agreed with the lower court's decision to dismiss the charges against Herfurth, stating that they have a duty to interpret laws as they were intended at the time of the original guilty plea. The dissenting judge felt differently, believing that the law should have applied to Herfurth based on the new requirements.

S-2012-244

Post author:Staff
Post published:April 8, 2013
Post category:S

In OCCA case No. S-2012-244, the State of Oklahoma appealed the conviction of Sonya Renee Wichert for unlawful purchase of pseudoephedrine. In an unpublished decision, the court decided to affirm the dismissal of the case against Wichert. One judge dissented. Wichert faced eleven counts related to breaking the Meth Registry Act, which had come into effect on November 1, 2010. She had a previous conviction for possession of methamphetamine and was on probation. The case stemmed from an investigation that revealed she purchased pseudoephedrine after the law took effect, leading to her arrest. At her preliminary hearing, Wichert argued that the law shouldn't apply to her because her conviction happened before the law was in place. The judge agreed with her, stating there could be serious problems with fairness if the law was applied to her without her having been informed of it. Because of this lack of notice about the new law, the district court decided to dismiss the charges. The court referenced a previous case, Wolf v. State, which established that individuals who are on probation when a law takes effect must be notified if it affects them. Without proper notice regarding the Meth Registry Act, the court ruled that it would not be fair to hold Wichert accountable under this law. Thus, the overall decision was to uphold the dismissal of her case because applying the law without notification did not meet the necessary fairness requirements.

C-2011-945

Post author:Staff
Post published:September 6, 2012
Post category:C

In OCCA case No. C-2011-945, Hall appealed his conviction for robbery with a firearm, assault and battery with a dangerous weapon, and assault with a dangerous weapon. In an unpublished decision, the court decided to deny Hall's petition to withdraw his plea but reversed the conviction for assault with a dangerous weapon with instructions to dismiss it. One judge dissented.

C-2010-940

Post author:Staff
Post published:December 6, 2011
Post category:C

In OCCA case No. C-2010-940, Gregory Davis Wabaunsee appealed his conviction for multiple charges, including two counts of Second Degree Burglary and possession of a firearm during the commission of a felony. In a published decision, the court decided to reverse and dismiss one of the firearm charges due to a double punishment issue, but they upheld the other convictions and sentences. One judge dissented.

M-2010-341

Post author:Staff
Post published:November 15, 2011
Post category:M

In OCCA case No. M-2010-341, Katherine Denise Burns appealed her conviction for Harassment by Use of an Electronic Device. In an unpublished decision, the court decided to reverse her conviction and instructed to dismiss the case. One judge dissented. Burns was found guilty in a trial in the District Court of Seminole County, where she was accused of sending harassing text messages to Jennifer Johnson. The court sentenced her to six months in jail, but the sentence was suspended. Burns argued that the way the charges were written (the Information) was not clear enough and that the evidence against her was not strong enough to convict her. During the trial, the State presented evidence that Burns sent three text messages to Johnson. The first message included Johnson's social security number, the second suggested Burns knew personal information about Johnson, and the third revealed Johnson's home address. The State claimed that Burns violated a law that prohibits making electronic communications without disclosing one’s identity in a way that annoys, abuses, threatens, or harasses another person. However, the court found that the messages did not meet the legal requirement because Burns’s cell phone number was visible to Johnson. The court concluded that since Burns's identity was clear, she could not be convicted under the law cited by the State. Ultimately, the court decided that there wasn’t enough evidence to prove that Burns committed the specific crime she was charged with, leading them to reverse her conviction and dismiss the case.

J 2011-0475

Post author:Staff
Post published:October 25, 2011
Post category:J

In OCCA case No. J 2011-0475, the appellant appealed his conviction for rape and lewd molestation. In a published decision, the court decided to reverse the order of the District Court denying the appellant's motion for certification as a juvenile and remanded the case to be dismissed. One judge dissented.