Oklahoma Statehood

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 In an unpublished decision, the court decided to reverse the judgments and sentences against Sims, concluding that the State did not have jurisdiction to prosecute her.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-2019-196

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In OCCA case No. F-2019-196, Dakota Shay Fox appealed his conviction for Murder in the First Degree. In a published decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute Fox, and therefore, the case was reversed and remanded with instructions to dismiss. One judge dissented.

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F-2020-208

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In OCCA case No. F-2020-208, Ryan Cortland Johnson appealed his conviction for Murder in the First Degree. In a published decision, the court decided to vacate the judgment and sentence and remand the case with instructions to dismiss. One judge dissented. Ryan was found guilty of murder and sentenced to life in prison, meaning he would have to serve 85% of his sentence before being eligible for parole. He argued that the state court did not have the right to try him based on a Supreme Court decision from 2020 called McGirt v. Oklahoma. In this case, it was determined that certain crimes committed by members of federally recognized tribes on tribal land could not be prosecuted in state courts. Ryan Johnson claimed he was a member of the Chickasaw Nation and that the murder happened on Creek Nation tribal land, which is considered a reservation. The court allowed him to challenge its jurisdiction. The case was sent back to the district court for an evidentiary hearing, but the parties involved agreed on certain facts, which meant a hearing was not necessary. They confirmed that Ryan is a member of the Chickasaw Nation and that the crime took place on land owned by the Creek Nation. After reviewing the facts, the district court found that Ryan is indeed an Indian under federal law and that the crime took place in the Creek Nation boundaries. Therefore, the state court did not have the authority to charge him with murder based on the findings in the McGirt case. Because of this ruling, the court granted Ryan's appeal, decided the state court had no jurisdiction, and instructed that the case be dismissed.

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