St. Cloud Factors

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 In an unpublished decision, the court decided to vacate the convictions and remand the case to dismiss it due to a jurisdictional issue.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.