Tribe

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 In an unpublished decision, the court decided to reverse the convictions and remand the case with instructions to dismiss.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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F-2019-854

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In OCCA case No. F-2019-854, Joshua Lee Purdom appealed his conviction for several serious crimes, including assault and battery, kidnapping, and rape. In an unpublished decision, the court decided to reverse his convictions and remand the case with instructions to dismiss it. One judge dissented. Joshua Lee Purdom was found guilty by a jury of multiple crimes and received a lengthy sentence in the District Court of Hughes County. The court took into account that Purdom committed these crimes against a victim who had Indian heritage and that the crimes occurred on land considered part of an Indian Reservation. This brought up a question about whether the state had the right to convict him. Purdom argued that because the victim was an enrolled member of an Indian tribe and the crimes happened on Indian land, the state did not have jurisdiction to prosecute him; instead, this should be handled by federal courts. The case brought attention to a ruling from the U.S. Supreme Court that said parts of Oklahoma were still considered Indian Country for legal purposes. The OCCA agreed with Purdom and found that based on the facts established in a hearing, the state did not have the authority to prosecute him. The victim’s status as an Indian and the location of the crimes played a crucial role in the decision. Therefore, the court dismissed the case, emphasizing that only federal courts have jurisdiction over crimes against Indians in Indian Country under federal law. In summary, the court reversed Purdom’s convictions and ordered the case to be dismissed, which means he will not face charges from this case.

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F-2017-1294

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In OCCA case No. F-2017-1294, #1 appealed his conviction for #2. In an unpublished decision, the court decided #3. #4 dissented. The case involved Terrance Lucas Cottingham, who was found guilty of robbery with a dangerous weapon after having been previously convicted of two or more felonies. The conviction took place in the District Court of Washington County, where he was sentenced to 25 years in prison. He would have to serve 85% of his sentence before being eligible for parole. Cottingham argued that the court did not have the right to prosecute him because of his status as a member of the Osage Nation and because the crime occurred in what he believed to be Indian Country, specifically the Cherokee Nation's boundaries. He cited a federal law and a Supreme Court decision, McGirt v. Oklahoma, to support his argument. The Oklahoma Court of Criminal Appeals decided to send Cottingham's case back to the lower court for a hearing to examine his Indian status and the location of the robbery. They said that Cottingham needed to show that he had Indian blood and was recognized as an Indian by the tribe or by the federal government. If he could prove this, then it would be up to the state to show that it had jurisdiction to prosecute him. During the hearing, Cottingham and the Cherokee Nation agreed on certain facts. They confirmed that he had a degree of Indian blood and was a member of the Osage Nation at the time of the robbery. They also agreed that the robbery happened within the geographic area defined by treaties establishing the Cherokee Nation. The court found that Cottingham was indeed a member of the Osage Nation and that the robbery occurred in Indian Country based on their analysis of the law and treaties. This evidence showed that the state of Oklahoma did not have the legal right to prosecute Cottingham for the crime. The appeals court ultimately agreed with the findings of the lower court and concluded that Oklahoma did not have jurisdiction over the case. Therefore, they reversed Cottingham's conviction and instructed the District Court to dismiss the case. In summary, Cottingham's conviction was undone because it was determined that he was an Indian and that the crime took place in Indian Country. Consequently, the state court did not have the authority to prosecute him.

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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-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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F-2018-78

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In OCCA case No. F-2018-78, Jordan Batice Mitchell appealed his conviction for First Degree Murder. In an unpublished decision, the court decided that the State of Oklahoma did not have jurisdiction to prosecute him. This means that the court could not judge this case because it involved issues concerning his status as an Indian and the location of the crime being within the Muscogee Creek Reservation. The finding was based on a previous case, McGirt v. Oklahoma, which affected how certain crimes involving Native Americans are prosecuted. Consequently, the court vacated Mitchell's sentence and remanded the case with instructions to dismiss it. There was a dissenting opinion regarding the decision, as one judge expressed concerns about the implications of the ruling.

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