Jurisdiction

F-2019-115

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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.

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F-2018-830

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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 In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute Cooper because he is an enrolled member of the Chickasaw Nation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.

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F-2017-1245

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In OCCA case No. F-2017-1245, Jeffery Arch Jones appealed his conviction for five counts of Sexual Abuse-Child Under 12. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute him because he is a member of the Cherokee Nation, and the crimes occurred within the boundaries of the Creek Reservation. The conviction and sentence were reversed, and the case was remanded with instructions to dismiss. One judge dissented.

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F-2017-336

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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 In an unpublished decision, the court decided to reverse her convictions and remand the case with instructions to dismiss.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.

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C-2017-1223

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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.

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F-2020-46

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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.

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F-2017-889

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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.

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C-2019-853

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In OCCA case No. C-2019-853, the petitioner appealed his conviction for first degree murder and larceny. In a published decision, the court decided to vacate the judgment and sentence and remand the case with instructions to dismiss. One judge dissented. The case involved a woman who entered a guilty plea for two crimes: first degree murder and larceny of merchandise. She was sentenced to life in prison for the murder and thirty days for the larceny, with both sentences running at the same time. Later, she wanted to change her guilty plea and filed a motion to withdraw it. During the appeal, one major issue raised was whether the State of Oklahoma had the right to prosecute her. The woman argued that the state didn’t have jurisdiction because of her status as a member of a federally recognized tribe and the nature of the crime being committed within the reservation boundaries. The court looked at a recent Supreme Court decision, McGirt v. Oklahoma, where it was determined that certain lands in Oklahoma are still recognized as Native American reservations. The court agreed with the petitioner about the jurisdiction issue. Both the petitioner and the state agreed on certain facts regarding her tribal membership and the location of the crime. Since the court found that the state did not have the right to prosecute the petitioner, it decided to vacate the earlier judgment and sentence. The decision meant that the petitioner would not face charges in state court but rather would need to be prosecuted in federal court because of her tribal affiliation and the location of the crime committed. This ruling highlighted the importance of understanding jurisdiction, especially when it involves Native American rights and lands.

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C-2019-263

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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.

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C-2017-1027

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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.

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F-2019-68

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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.

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F-2016-937

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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.

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F-2019-420

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In OCCA case No. F-2019-420, Donta Keith Davis appealed his conviction for robbery with a dangerous weapon and assault with a dangerous weapon. In a published decision, the court decided to vacate Davis's judgment and sentence, meaning he would no longer be convicted of the crimes he was charged with. The court also instructed for the case to be dismissed. One judge dissented from the majority opinion.

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F-2018-78

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In OCCA case No. F-2018-78, Jordan Batice Mitchell appealed his conviction for First Degree Murder. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute him. This means that the court could not judge this case because it involved issues concerning his status as an Indian and the location of the crime being within the Muscogee Creek Reservation. The finding was based on a previous case, McGirt v. Oklahoma, which affected how certain crimes involving Native Americans are prosecuted. Consequently, the court vacated Mitchell's sentence and remanded the case with instructions to dismiss it. There was a dissenting opinion regarding the decision, as one judge expressed concerns about the implications of the ruling.

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F-2017-1186

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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.

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F-2016-453

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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.

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C-2018-640

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In OCCA case No. C-2018-640, Jimmie Dewayne Starr appealed his conviction for multiple crimes. In an unpublished decision, the court decided to vacate his convictions and remand the case for dismissal. One judge dissented. Starr had entered a guilty plea for crimes in three different cases, including endangering others while trying to escape from police, failure to wear a seatbelt, possession of a controlled substance, resisting an officer, and bail jumping. He received several sentences that were ordered to be served concurrently, meaning he would serve them at the same time, rather than one after the other. After his sentencing, Starr wanted to withdraw his guilty plea, so he asked the court to allow it. The court held a hearing on Starr's request but ultimately denied it. This led to Starr appealing the decision, raising several issues including whether the court had the right to sentence him, whether he had good legal help, whether improper evidence led to an unfair sentence, and whether the state had jurisdiction in his case. The court looked closely at one of Starr's arguments about jurisdiction. He claimed that the State of Oklahoma didn't have the right to prosecute him based on a previous Supreme Court decision known as McGirt v. Oklahoma. This case said that certain crimes committed by Native Americans on tribal land must be handled in federal court, not state court. To investigate his claims, the court sent the case back to the lower district court to gather facts, specifically focusing on Starr's status as an Indian and whether the crime happened within the boundaries of the Muscogee Creek Reservation. Both sides agreed on several important facts about Starr's Indian blood, his membership in the Creek Nation, and that the crime occurred on Creek land. The district court accepted these facts and concluded that under federal law, Starr was indeed considered an Indian, and the crime took place on the reservation. Because of the ruling in the McGirt case, the appellate court decided that the state court did not have the authority to prosecute Starr. As a result, the appellate court vacated all of Starr's convictions, which means they were canceled, and they instructed the lower court to dismiss the case. This decision emphasized that Starr should be prosecuted in federal court instead of state court.

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C-2017-998

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In OCCA case No. C-2017-998, Arnold Dean Howell appealed his conviction for First Degree Murder and First Degree Robbery. In an unpublished decision, the court decided to vacate Howell's convictions and remanded the case with instructions to dismiss it. One judge dissented. Howell had pleaded guilty to the charges in the District Court of Creek County and was sentenced to life imprisonment without the possibility of parole for the murder conviction and twenty-five years for the robbery conviction, with both sentences served one after the other. After the guilty plea, Howell filed a motion to withdraw it, which the district court denied. Howell then raised several issues in his appeal, questioning the state's authority to prosecute him, his competency to plead guilty, if his plea was made knowingly and voluntarily, whether he received good legal help, and if his sentence was too harsh. The important part of the appeal was Howell's claim regarding jurisdiction. He argued that the state did not have the right to prosecute him because he is considered an Indian under federal laws and the crimes happened within the Muscogee Creek Nation Reservation. This argument was based on a specific legal case called McGirt v. Oklahoma, which changed how certain cases with Indian individuals should be treated. In response to Howell's appeal, the court ordered a review of his case to determine if he was an Indian and if the crimes occurred on the reservation. During this review, both sides agreed on a few facts: Howell has Indian blood, is a registered citizen of the Muscogee Creek Nation, and the crimes did occur within the reservation. The district court accepted these facts. Following this information, the court concluded that Howell is legally an Indian and that the state did not have authority over the case. As a result, the court decided Howell's conviction could not stand, and they vacated the lower court's judgment and ordered the case to be dismissed. In conclusion, Howell's legal challenges about how his case was handled were significant enough to require a reversal of his convictions based on the jurisdictional issues brought up by the McGirt decision. This decision demonstrates how important it is to understand the laws regarding tribal lands and individual rights within the legal system.

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S-2020-79

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In OCCA case No. S-2020-79, Stricker appealed his conviction for First Degree Murder and Desecration of a Human Corpse. In an unpublished decision, the court decided to affirm the ruling of the District Court that dismissed the alternative charge of First Degree Felony Murder during the commission of a kidnapping. None dissented. On April 17, 2019, Stricker was charged with serious crimes including First Degree Murder in Kingfisher County. Later, he faced an amended charge stating he could be guilty of First Degree Premediated Murder or First Degree Felony Murder related to kidnapping. During a hearing, the judge decided to dismiss the kidnapping charge based on insufficient evidence, which led the State to appeal the decision. The State argued that the judge’s decision was incorrect because they believed there was enough evidence to show that a crime occurred and that Stricker was involved. They said that at a preliminary hearing, it's essential to prove that probably a crime was committed and that the person involved might have done it. The judge ruled that although Stricker was in a position to manage his victim, there wasn't enough proof to suggest he intended to kidnap her. The second argument from the State was about the timing of Stricker's motion to quash the charges. They claimed the judge should not have considered this motion because it was filed after he pleaded not guilty. However, the court found that the judge did have the authority to hear the motion, even though the prosecution thought otherwise. Ultimately, the court found no error in the District Court's decision to dismiss the charge of First Degree Felony Murder related to kidnapping and decided to uphold that dismissal.

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S-2019-242

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In OCCA case No. S-2019-242, the State of Oklahoma appealed Wesley Warren Peritt Weaver, II's conviction for Sexual Abuse of a Child Under 12. In an unpublished decision, the court decided to affirm the trial court's ruling that denied the State's request to introduce evidence of the defendant's prior sexual offenses as propensity evidence. One judge dissented. This case started on January 5, 2017, when the defendant, Weaver, was charged with sexually abusing his daughter, A.W., from 2011 to 2016. During a preliminary hearing, A.W. claimed that her father abused her and shared this information with her mother. The case involved testimonies from both A.W.'s mother and a forensic interviewer who assessed A.W. The State later sought to present evidence of previous sexual offenses allegedly committed by Weaver against another child, A.A., to demonstrate a pattern of behavior. A.A. testified that Weaver had molested her several years earlier. However, during a hearing, the trial court decided not to allow this evidence, stating that its probative value was less than the potential for unfair prejudice against Weaver. The State of Oklahoma appealed this ruling. They argued that the trial court made an error in not permitting the sexual propensity evidence, which could provide context for Weaver's behavior in the current case. The appellate court looked closely at the details of the case and the rules surrounding the admissibility of such evidence. Ultimately, the appellate court ruled to affirm the trial court's decision, meaning that the prior offense evidence would not be allowed during the trial against Weaver. The court concluded that the trial court's decision was reasonable and did not abuse its discretion. They found solid reasoning in the trial court's assessment of the evidence's relevance versus its potential negative impact on the jury's perception. One judge disagreed with the majority opinion, believing that the trial court had not fully considered the nuances of the sexual propensity laws and had conflated different types of evidentiary standards. This dissenting opinion emphasized the importance of acknowledging the differences between types of evidence when it comes to sexual offenses. In short, the case involved serious allegations against Weaver regarding his daughter, and while the State attempted to build a strong case by including prior incidents, the court ultimately felt that allowing such evidence would not be appropriate during the trial.

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RE-2018-1233

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In OCCA case No. RE-2018-1233, Joice appealed his conviction for obtaining cash or merchandise by bogus check/false pretenses. In an unpublished decision, the court decided to vacate the order revoking Joice's suspended sentence and remanded the case to the District Court with instructions to dismiss the State's application to revoke with prejudice. One judge dissented. Joice had originally entered a guilty plea in 2013 for writing a bogus check and received a twenty-year sentence, which was all suspended, meaning he would not serve time in prison if he followed the rules of his probation. However, in 2018, the State claimed he broke the rules of his probation and sought to revoke his suspended sentence. During the hearings, Joice argued that the original sentence was too long and that the State filed their application to revoke his probation too late. He also said his lawyer did not help him properly by not questioning the judge’s decision to revoke his sentence. The court agreed there were major issues with his original sentence and that the State was too late in trying to revoke it. They found that Joice did not get good legal help at his revocation hearing. Since the court recognized that the original sentence was illegal and the State's request to change it came too late, they decided to dismiss the application to revoke Joice’s probation. This means he won't have to serve time because the conditions under which his probation could be revoked were not met correctly.

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M-2017-511

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**Court of Criminal Appeals of the State of Oklahoma** **Case: William Robert Burk vs. The State of Oklahoma** **Case No: M-2017-511** #### OPINION BY: Kuehn, VPJ **Background:** William Robert Burk was convicted of Obstruction of Public Officer in the District Court of Payne County, sentenced to 30 days in jail and fined $500. The case arose from an incident on December 13, 2015, where Burk was stopped for driving with an improper license tag. He refused to provide a driver's license, proof of insurance, or identify himself. Police officers were forced to break into his vehicle after he locked himself inside, leading to his arrest. **Proposition I: Self-Representation** Burk contends the trial court erred by allowing him to represent himself without ensuring he made a knowing and intelligent waiver of his right to counsel. The court finds that Burk effectively waived his right to counsel through his actions over time, including repeatedly refusing to secure legal representation. The court cites multiple precedents establishing that a defendant may waive the right to counsel by conduct, and emphasizes the need for a clear understanding of the risks involved in self-representation. While acknowledging Burk's claims of financial capacity to hire an attorney, he nevertheless insisted he would not apply for court-appointed counsel. The court concludes Burk’s behavior—self-characterization of being forced to represent himself and refusal to accept assistance—constituted an implied waiver of his right to counsel, allowing the trial to proceed without an attorney. **Proposition II: Sufficiency of Evidence** In his second claim, Burk argues the evidence was insufficient to support his conviction. However, the court finds that Burk's refusal to provide identification and engage with police clearly obstructed their duties. Citing relevant statutes and case law, the court asserts that any rational jury could find him guilty of obstructing a public officer based on his actions during the encounter. **Conclusion:** The court affirms the judgment and sentence from the District Court of Payne County, asserting that Burk had sufficient warnings about self-representation risks and willingly chose to proceed without counsel. ### Dissenting Opinion - Judge Lumpkin Judge Lumpkin argues against affirming the conviction, citing concerns about Burk's mental state and the trial court's failure to ensure he was adequately informed of the consequences of self-representation. He emphasizes that Burk was not given proper Fairtta warnings about the implications of his decision and suggests that mental health issues should have prompted the court to reevaluate Burk's right to counsel. ### Concurring Opinion - Judge Hudson Judge Hudson agrees with the outcome but asserts that the basis for the decision hinges not on waiver by conduct but rather on forfeiture of counsel due to Burk's dilatory misconduct. He highlights the necessity for courts to maintain order and efficiently administer justice, especially when faced with obstructionist behavior from defendants. **Decision: The Judgment is AFFIRMED.** For further details and full opinions, you may refer to [this PDF link](https://opinions.wirthlawoffice.com/wp-content/uploads/M-2017-511_1734779027.pdf).

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F 2017-1055

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In OCCA case No. F 2017-1055, William Singleton Wall, III, appealed his conviction for Possession of Controlled Dangerous Substance (Oxycodone). In an unpublished decision, the court decided to affirm the termination of Appellant from the Pontotoc County Drug Court Program. One judge dissented. William was charged in 2014 and entered a plea for the Drug Court program, where if he succeeded, his case would be dismissed. However, if he failed, he faced a ten-year prison sentence. In April 2017, the State filed to terminate him from the program because he tested positive for THC, which is a substance found in marijuana. During the termination hearing, the judge decided that the State had enough evidence to terminate William from the program. He was given a ten-year prison sentence with credit for time already served. William argued that he should not have been terminated because he did not receive proper notice of the program's rules and because the State filed its motion after the allowed time for his participation in the Drug Court expired. The court explained that the decision to terminate a participant from Drug Court is at the judge's discretion. William did not object when the evidence of his drug use was presented at the hearing. Furthermore, the records showed that William had understood the terms of the Drug Court when he entered. The court also found that although the approval for his Drug Court participation had a time limit, he was still under the court's jurisdiction until he was properly sentenced. The court ruled that they did not see any errors in how the trial court acted. They affirmed the decision to terminate William, meaning he would serve his ten-year sentence for not following the rules of the Drug Court program.

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F-2018-401

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In OCCA case No. F-2018-401, Collins appealed his conviction for Felon in Possession of a Firearm. In an unpublished decision, the court decided to affirm his conviction. One judge dissented. Martino L. Collins was found guilty of having a gun even though he had previous felony convictions. He was sentenced to fourteen years in prison. Collins claimed that the trial was unfair because there was too much evidence about a shooting that he was not charged with, that certain expert testimony was wrong, and that he deserved credit for time spent in jail before the trial. The court looked at the evidence and decided that the shooting information was important for understanding why Collins was found with a gun. The jurors needed all the facts to make a fair decision. They found that there wasn't a mistake made by the trial court and that no one was unfairly harmed by this information. Collins also argued against certain things that witnesses said in court, but he didn't object to most of it during the trial, which meant he couldn’t complain about it later. Even when the court looked into the testimony by a ballistic expert, they found that it was okay for the expert to talk about his own findings. Lastly, the court said the law didn’t allow him credit for time he spent in jail before the trial began. Overall, after looking closely at everything, the court found no issues that would change Collins's conviction or sentence, so they kept the original decision.

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F-2018-241

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In OCCA case No. F-2018-241, Mario Darrington appealed his conviction for Trafficking in Illegal Drugs (Marijuana and Methamphetamine) and related drug charges. In an unpublished decision, the court decided to affirm the judgment and sentence of the district court. One judge dissented. Darrington was arrested after police executed a search warrant at a home in Tulsa. Officers found a large quantity of marijuana and methamphetamine in the house. Darrington was linked to this evidence through various items found at the scene, including drugs located in a suit pocket with his name on prescription bottles and documents. He was charged with trafficking and other felonies due to having a prior criminal record. During his trial, Darrington requested that evidence obtained from the search be suppressed, arguing that the search warrant was not valid. He believed that the warrant did not show enough information to justify the search. The court reviewed his claim and determined that the affidavit supporting the search warrant provided sufficient evidence for a judge to find probable cause. The police officer had personal observations and corroborated information that indicated illegal drug activity was happening at the residence. The court also found that the timing of the information was relevant and not too old to be dismissed. Additionally, Darrington sought to know the name of an unnamed informant who provided information to the police for the search. The court ruled that this informant was not a material witness, meaning their identity did not significantly affect Darrington's case. As a result, the court affirmed Darrington's conviction and upheld the district court's decisions regarding the suppression of the search evidence and the request for the informant's identity.

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