S-2020-858

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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.

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F-2018-1268

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In OCCA case No. F-2018-1268, Stewart Wayne Coffman appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to reverse the conviction and remand the case with instructions to dismiss it. One judge dissented. Coffman was found guilty of First Degree Manslaughter, and the judge sentenced him to forty years in prison. He appealed his conviction, claiming that the court did not have the right to try him because the victim, Joe Battiest, Jr., was a member of the Choctaw Nation and the crime took place in Indian Country. The case was affected by a past ruling, McGirt v. Oklahoma, which stated that crimes on certain Native American lands fall under federal jurisdiction. The appellate court ordered a hearing to investigate Coffman's claims about the victim’s status and the crime's location. During this hearing, experts confirmed that Battiest had a majority of Indian blood and was recognized by the Choctaw Nation. The crime took place at a specific address that was within the historical boundaries of the Choctaw Nation. The district court found no evidence that Congress had ever removed those boundaries. After reviewing the evidence, the court decided that Coffman's case should be dismissed because Oklahoma did not have jurisdiction to prosecute him, in line with the earlier McGirt decision. Therefore, the court reversed the judgments and sentences of the lower court, ordering the case dismissed.

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F-2018-383

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In OCCA case No. F-2018-383, Samantha Ann Perales appealed her conviction for first degree manslaughter, possession of controlled dangerous substance (methamphetamine), unlawful possession of drug paraphernalia, and no valid driver's license. In an unpublished decision, the court decided that the State of Oklahoma lacked jurisdiction to try Perales because she is a recognized member of an Indian tribe and the crimes occurred in Indian Country. Therefore, her convictions were reversed and the case was remanded to be dismissed. One judge dissented, stating that the Major Crimes Act should not prevent Oklahoma's jurisdiction in cases where federal prosecution is not possible.

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F-2017-991

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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.

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F-2017-1000

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In OCCA case No. F-2017-1000, Sonny Raye McCombs appealed his conviction for several crimes including robbery, using a vehicle in a crime, possessing a firearm, larceny, and obstructing an officer. In an unpublished decision, the court decided to reverse the convictions and dismiss the case. McCombs argued that the court did not have jurisdiction over his case because he is a member of the Muscogee (Creek) Nation and the crimes happened on Native American land, which is called Indian Country. The court agreed that the State of Oklahoma could not prosecute him for these crimes because of the legal rulings made in earlier cases regarding Indian rights and territories. The majority of the judges emphasized that the crimes took place in areas still recognized as part of Indian Country, leading to the conclusion that the state lacked the authority to prosecute him. One judge dissented, expressing concerns over the majority opinion and its implications for federal and state law relationship.

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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-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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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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