F-2020-54
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 In an unpublished decision, the court decided to reverse the convictions and remand the case to the District Court of McClain County with instructions to dismiss the case.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.