In OCCA case No. S-2020-858, the State of Oklahoma appealed the dismissal of a conviction against Jeremy Lawhorn for Lewd or Indecent Acts with a Child Under 16. In a published decision, the court decided that the district court correctly dismissed the case due to a lack of jurisdiction, affirming that the crime occurred in Indian Country within the boundaries of the Quapaw Nation Reservation. A dissenting opinion was filed.
In OCCA case No. F-2019-496, Patrick Wayne Olive appealed his conviction for Trafficking in Illegal Drugs, Speeding in a Posted Zone, and Possession of Contraband in a Penal Institution. In a published decision, the court decided to vacate Olive's convictions and remand the case with instructions to dismiss. One judge dissented. Olive was convicted in the District Court of Muskogee County on three charges and sentenced to thirty-two years for drug trafficking, along with fines and jail time for the other charges. Olive argued that the court did not have the right to prosecute him because he is an enrolled member of the Cherokee Nation and the crimes took place within the boundaries of the Muscogee (Creek) Reservation. The OCCA reviewed Olive's claims and found that he indeed had Indian heritage and was a registered member of the Cherokee Nation at the time of the offenses. They confirmed that the crimes occurred within the Creek Reservation. The court's decision relied heavily on a previous Supreme Court case called McGirt v. Oklahoma, which determined that Oklahoma lacks jurisdiction over crimes committed by Native Americans in certain areas recognized as reservations. Because of this ruling, the OCCA concluded that the Muskogee County District Court did not have the authority to prosecute Olive. After considering all the evidence and arguments, the court vacated Olive's judgment and sentence and directed the lower court to dismiss the charges against him. This meant that Olive's criminal convictions were erased, and he would not serve the sentences that had been handed down.
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 In an unpublished decision, the court decided to vacate the judgment and sentence, remanding the matter with instructions to dismiss.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.
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.