McGirt v. Oklahoma

F-2018-790

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In OCCA case No. F-2018-790, the individual appealed his conviction for first-degree rape and kidnapping. In an unpublished decision, the court decided to vacate the convictions and remand the case to dismiss it due to a jurisdictional issue. One judge dissented. The case began when the individual, Wadkins, was convicted of committing serious crimes in Oklahoma. He argued that he should not have been tried in Oklahoma courts because he is considered Indian, and the crimes happened in an area recognized as Indian Country. This argument was based on the Supreme Court's earlier decision in McGirt v. Oklahoma, which stated that certain areas, like those belonging to the Creek Nation, are still considered Indian Country under the law. The focus of the appeal was on whether Wadkins could prove he had Indian status at the time of the crimes. To determine this, the court needed to check two things: if Wadkins had Indian blood and if he was recognized as an Indian by a tribe or the federal government. The court found that he had some Indian blood but struggled with whether he was recognized as an Indian when the crimes took place. During a hearing, evidence was presented to show that Wadkins had some ties to the Choctaw Nation but was not an enrolled member at the time of the offenses. He had a Certificate of Degree of Indian Blood (CDIB) and received health services reserved for Native Americans but was not yet a member of the tribe until after the crimes occurred. The court concluded that he did not meet the requirements to show he was recognized as Indian then and so ruled that Oklahoma had the right to prosecute him. However, upon appeal, the court found that the lower court made errors in its decisions regarding his recognition. They noted that even though Wadkins was not an official member at the time, he presented various forms of evidence, including his history of receiving medical care designed for Indians and family connections to the tribe, that showed he was, in fact, recognized as Indian. The final judgment stated that since Wadkins was recognized as Indian and the crimes occurred in Indian Country, Oklahoma courts did not have the authority to prosecute him. The decision concluded by saying that the charges against him were to be dismissed, meaning he would potentially face prosecution in a federal court instead. One judge expressed disagreement with this outcome, reflecting on the complex relationship of state and federal law regarding Indian issues.

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RE-2021-1042

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In OCCA case No. RE-2021-1042, Matthew Bryan Buttery appealed his conviction for a series of crimes including distribution of controlled substances and petit larceny. In a published decision, the court decided to affirm the revocation of his suspended sentence but ordered that his new sentence run concurrently with a prior sentence from another case. One judge dissented on the issue of how the sentences should relate to one another. Matthew Buttery had previously pled guilty to several charges. He was given a ten-year suspended sentence, which means he didn't have to serve time in prison at that moment but had to follow certain rules. If he broke any rules, the court could take back that suspended sentence and send him to prison. The state claimed that Buttery did not report as required, did not pay his probation fees, and committed a new crime, for which they wanted to revoke his suspended sentence. During the hearing, the court found Buttery had violated the terms of his probation and revoked his suspended sentence. Buttery argued that the court made a mistake by not giving him credit for time he had already served and by ordering that his new sentence run after a different sentence from another county. The court explained that it had the right to revoke Buttery's suspended sentence because he violated the rules. They stated they didn't have to give him credit for time served because the suspended sentence is not changed by the violation. They also found that the judge improperly decided his new sentence would run after the one from the other county rather than at the same time. The judges clarified that when a sentence is revoked, it should not change how sentences from different cases affect each other. In the end, Buttery's appeal led to some changes. The court ordered that his new sentence should run concurrently, meaning he would serve them at the same time, rather than one after the other. However, the court upheld the overall decision to revoke his suspended sentence for breaking the rules of his probation. One judge agreed with the decision to affirm the revocation but disagreed with other parts of the analysis regarding the relationship between the sentences. So, to summarize, the main points from the case are that Matthew Bryan Buttery's suspension was revoked because he violated probation rules, but the court made a mistake when deciding how his new sentence should relate to an older sentence. He is to serve them at the same time now, according to the latest court ruling.

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F-2020-818

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In OCCA case No. F-2020-818, the appellant appealed his conviction for child sexual abuse and other related offenses. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute the appellant. One judge dissented. The case involved Joseph Scott Bennett, who was convicted of several crimes, including child sexual abuse and possessing a firearm after a felony conviction. The jury sentenced him to life in prison without parole for the most serious crimes and additional years for firearm possession. Bennett argued that the State didn't have the right to prosecute him because the crimes took place on lands that are part of the Cherokee Nation, and he is recognized as a member of the Cherokee Nation. During the trial, Bennett tried to dismiss the charges based on the argument that the state court did not have jurisdiction because of a Supreme Court case known as McGirt v. Oklahoma. This case stated that some crimes committed by Native Americans on certain lands could only be prosecuted in federal court rather than state court. The trial court did not agree with Bennett's argument but allowed the issue to be reviewed later on appeal. The appeals court found that, following McGirt, it was established that the area where the crimes occurred was indeed a Cherokee Reservation, and since Bennett proved he was a member of the tribe, the state courts should not have held the trial. As a result, the court vacated Bennett's judgment and sentence, which meant that his convictions were canceled, and they instructed that the matter be dismissed. The case shows how legal rulings can change depending on new interpretations of jurisdiction and tribal rights under U.S. law.

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F-2020-510

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In OCCA case No. F-2020-510, Dewayne Shomo appealed his conviction for Possession of a Firearm, After Former Conviction of Two or More Felonies. In a published decision, the court decided to reverse his conviction and remand the case with instructions to dismiss it. One judge dissented. Dewayne Shomo was found guilty during a non-jury trial and sentenced to eighteen months in prison. He argued that the state did not have the right to prosecute him because he is a member of the Choctaw Nation and the alleged crime happened within the Choctaw Reservation. The case's outcome was based on a ruling made in another case, McGirt v. Oklahoma, which established that certain crimes committed by or against Indians within Indian territory must be prosecuted in federal court, not state court. After reviewing his case, the Oklahoma Court of Criminal Appeals agreed that Shomo’s crime was indeed committed within the boundaries of the Choctaw Nation, and he meets the criteria to be regarded as an Indian for jurisdiction purposes. As the state did not have the authority to prosecute him for this crime, his conviction was deemed invalid, and thus, the court instructed the lower court to dismiss the case against him.

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F-2017-1300

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In OCCA case No. F-2017-1300, Emmitt G. Sam appealed his conviction for first-degree murder and robbery with a firearm. In an unpublished decision, the court decided to reverse the convictions and remand the case with instructions to dismiss. One judge dissented. Emmitt G. Sam was found guilty of committing serious crimes in Tulsa County. The jury decided his punishment would be life in prison for murder and several years for the robberies, with fines. However, during his appeal, he raised important questions about whether he should have been tried in state court at all. Sam argued that he is a member of the Cherokee Nation and that his crimes occurred in an area recognized as Indian land. He claimed that under previous court rulings, the state did not have the authority to prosecute him because those crimes fell under federal jurisdiction due to their location on Indian territory. The court needed to determine two main things: if Sam is considered an Indian and if the crimes happened within the historic boundaries of the Creek Nation's Reservation. After looking into these questions, the trial court found that Sam had Indian blood and was recognized as an Indian by his tribe, even though he was not formally enrolled at the time of the crimes. The parties agreed the crimes took place in Indian Country. The trial court examined evidence presented in a hearing, including testimonies from witnesses who said that Sam was part of the Cherokee community and received benefits meant for Native Americans throughout his childhood. The evidence showed he lived in a supportive environment that aligned with his claims of being recognized by his tribe. Since the appeals court agreed with the trial court's findings, it ruled that Sam could not be prosecuted by the state but instead should face trial in federal court, where such cases are decided for crimes committed on Indian lands. As a result, the earlier judgments and sentences against Sam were overturned, and the case was sent back for dismissal by the district court. The ruling highlighted the intersection of state and federal law regarding Indian affairs, confirming that the rights of Native Americans must be respected within the court system.

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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-2017-635

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In OCCA case No. F-2017-635, Shaynna Lauren Sims appealed her conviction for several crimes, including knowingly concealing stolen property and first-degree burglary. In an unpublished decision, the court decided to reverse the judgments and sentences against Sims, concluding that the State did not have jurisdiction to prosecute her. The situation involved a victim who was an enrolled member of the Muscogee (Creek) Nation, and the crimes occurred within the Creek Nation's boundaries. Therefore, the case was remanded with instructions to dismiss the charges. One judge dissented, expressing a different opinion about the jurisdiction issues related to the case.

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F-2019-496

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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.

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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-2020-125

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In OCCA case No. F-2020-125, Justin Dale Little appealed his conviction for First Degree Murder. In an unpublished decision, the court decided that Little's conviction should be vacated because the State of Oklahoma did not have the jurisdiction to prosecute him due to his status as an Indian and the location of the crime within Indian country. The ruling was influenced by the prior case McGirt v. Oklahoma, which established that certain lands are still considered Indian reservations under federal law. The court found that since Little is recognized as an Indian and the crime occurred within the boundaries of the Muscogee Reservation, only the federal government has the authority to prosecute him. There was a dissenting opinion expressing concerns about the implications of the decision and how it followed previous legal precedents.

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F-2020-54

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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.

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F-2017-1203

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In OCCA case No. F-2017-1203, Victor Manuel Castro-Huerta appealed his conviction for child neglect. In an unpublished decision, the court decided that Oklahoma did not have jurisdiction to prosecute him, based on a prior ruling regarding Indian territory laws. One judge dissented, expressing concerns about the implications of the ruling and the handling of precedents.

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F-2016-1030

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In OCCA case No. F-2016-1030, David Deval Martin appealed his conviction for First Degree Murder. In a published decision, the court decided to reverse the conviction and remand the case for dismissal. No one dissented. David Deval Martin was found guilty of First Degree Murder after a jury trial in McIntosh County. The judge sentenced him to life in prison without the chance of parole. Martin argued that the court did not have the authority to try him because he is a member of the Muscogee (Creek) Nation, and the crime occurred on tribal land. The court looked at an important case called McGirt v. Oklahoma, which helped answer Martin’s questions about his status as an Indian and where the crime took place. They sent the case back to the local court for a closer look. There, it was determined through evidence that Martin is a member of the Creek Nation with some Indian blood, and the crime occurred within the Creek Nation’s territory. After the local court reviewed the evidence and found in favor of Martin, both sides agreed on important facts about his identity and where the crime occurred. Because of this, the higher court concluded that the state of Oklahoma did not have the right to prosecute Martin under these circumstances. As a result, they overturned the conviction and told the lower court to dismiss the charges against him.

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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-2017-1279

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In OCCA case No. F-2017-1279, Dakota James Alleyn Shriver appealed his conviction for Second Degree Murder, Accessory After the Fact, and misdemeanor Obstructing an Officer. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute him. One judge dissented. Dakota Shriver was found guilty by a jury and sentenced to serve time for various charges. Shriver argued that he should not have been tried in state court because he is a citizen of the Cherokee Nation and the crime happened on land that is considered Indian Country. This argument was based on a previous case, McGirt v. Oklahoma, which changed how some crimes are viewed depending on whether they happen on Native American land. The court decided to look into these claims further and sent the case back to the lower court to gather more information. The lower court held a hearing to determine if Shriver was indeed an Indian and if the crime occurred on a reservation. After the hearing, the lower court found Shriver was a member of the Cherokee Nation and that the crime did happen within the boundaries set for the reservation. The evidence showed that Shriver had a certain amount of Cherokee blood and was a recognized member of the Cherokee Nation at the time of the crime. The court found that the United States Congress had established a reservation for the Cherokee Nation, and no evidence existed to prove that Congress had removed those boundaries. Both parties were allowed to respond to the findings from the lower court. Shriver's team argued that the court should agree with the lower court's findings because they were backed by the evidence presented. The state agreed with these findings but asked for time to look at the case again in terms of whether they could charge Shriver under different laws. After considering everything, the court agreed with the findings of the lower court and decided that the state did not have the right to prosecute Shriver. Therefore, they overturned the convictions and told the lower court to dismiss the case.

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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-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-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-2017-336

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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-2017-1027

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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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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-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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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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