Indian Country Archives - Page 2 of 2

F-2017-336

Post author:Mili Ahosan
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 In an unpublished decision, the court decided to reverse her convictions and remand the case with instructions to dismiss.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.

C-2017-1027

Post author:Mili Ahosan
Post published:April 1, 2021
Post category:C

In OCCA case No. C-2017-1027, Matthew Steven Janson appealed his conviction for aggravated possession and distribution of child pornography. In an unpublished decision, the court decided to reverse the conviction and dismiss the case. One judge dissented. Matthew Steven Janson was charged with two serious offenses related to child pornography in Tulsa County. He entered a plea on February 27, 2017, and was sentenced to ten years in prison with some of his time suspended. Later, Janson filed to withdraw his plea, but the judge denied his request. Janson argued that the court did not have the right to accept his plea because he is a citizen of the Cherokee Nation and the crimes were said to have occurred on the Creek Reservation. This question about jurisdiction went back to the District Court to gather more facts about his Indian status and the crime's location. After looking at the needed evidence, the District Court found that Janson has Cherokee blood and is recognized as an Indian. It also agreed that the crimes took place on land considered to be Indian Country. With these facts, the court concluded that the State of Oklahoma did not have the right to prosecute him. In the end, the court granted Janson's request and reversed his conviction, stating that the case should be dismissed.

C-2019-263

Post author:Mili Ahosan
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-2017-889

Post author:Mili Ahosan
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-2016-937

Post author:Mili Ahosan
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-2019-68

Post author:Mili Ahosan
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-2011-366

Post author:Mili Ahosan
Post published:September 12, 2012
Post category:F

In OCCA case No. F-2011-366, Tony Ray Gipson appealed his conviction for First Degree Malice Murder. In an unpublished decision, the court decided to affirm the conviction but vacate the sentence of life imprisonment without the possibility of parole and remand the case for resentencing. One judge dissented. Tony Gipson was found guilty of murdering Victor Berryhill by stabbing him multiple times during an argument at a housing complex. The argument arose after tensions escalated between Gipson's brother and Berryhill. Earlier in the night, Gipson had an altercation with his girlfriend, after which he left. When he returned, he saw his brother involved in an argument with Berryhill, which prompted him to stab Berryhill before kicking him. During the trial, Gipson tried to argue that he was acting in defense of his brother, claiming that he was provoked. He raised several issues on appeal, including a challenge to the state’s jurisdiction based on his Indian heritage and the property being classified as Indian country. The court found that the property did not meet the criteria to be considered Indian country under federal law, concluding that the state had jurisdiction to prosecute Gipson. Gipson also argued that the trial court erred in excluding certain statements made by his co-defendant, but the court determined that these statements were not reliable or relevant. The court found no abuse of discretion regarding jury instructions on self-defense or the admission of evidence regarding a prior domestic dispute involving Gipson, even though this evidence may have harmed his chances during sentencing. Ultimately, the court upheld the conviction but decided that Gipson's harsh sentence was likely influenced by the improper admission of evidence relating to his character, which led to the decision to vacate the sentence and order resentencing.