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-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 In an unpublished decision, the court decided to vacate the judgment and sentence, remanding the matter with instructions to dismiss.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-2017-889, 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.
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.
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.
In OCCA case No. F-2000-1078, Samuel Leroy Muzny appealed his conviction for Unlawful Cultivation of Marijuana. In a published decision, the court decided to reverse the conviction and remand the case. One judge dissented. Muzny was charged and tried in the District Court of Lincoln County. He was found guilty of growing marijuana on his own property and was sentenced to fifteen years in prison, with eight years suspended, and a $5000 fine. Muzny raised several arguments in his appeal. He stated that agents from the Oklahoma Bureau of Narcotics should not have entered his fenced property without a warrant to check for marijuana plants. He claimed this violated his right to privacy and was against both state and federal laws. The court examined these arguments closely. The majority found that because the agents entered a posted and fenced area without a warrant, this violated Muzny’s constitutional rights. They referred to a previous case to support their conclusion that the warrants are necessary for such searches. Therefore, they reversed Muzny's conviction. One judge disagreed with this decision and wrote a dissent. He believed the court was changing established laws on search and seizure, which could create confusion for future cases. He argued that the law should remain consistent to ensure fairness and clarity in the legal system. In summary, the court’s decision led to Muzny’s conviction being overturned due to the lack of a warrant for the search, while a dissenting judge believed this ruling undermined the established legal framework.