Description:

Miami, Oklahoma criminal defense lawyer represented the Defendant charged with the commission of crimes in Indian County.

This is a consolidated appeal of orders issued by the District Court of Ottawa County, the Honorable Becky Baird, Special Judge, dismissing, for lack of jurisdiction, Brester's final conviction in Ottawa County District Court Case No. CF-2018-298 as well as three pending prosecutions against him in Ottawa County District Court Case Nos. CF-2020-129, CF-2020-177, and CF-2020-178.1 The district court granted relief in Brester's four underlying cases based upon a finding that Oklahoma lacked jurisdiction under federal law because Brester is an Indian and the charged offenses occurred in Indian country, namely either on the Ottawa or Peoria Reservation. See McGirt v. Oklahoma, 140 S.Ct. 2452, 2459 (2020) (noting State courts generally lack jurisdiction to prosecute Indians who commit certain crimes in Indian country). The State announced its intent to appeal the district court's ruling in open court and perfected the instant appeal. We exercise jurisdiction under 22 O.S.2011, § 1053 and affirm the district court's ruling in part and reverse it in part for reasons discussed below.2

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Brester sought dismissal of his state criminal charges by filing motions to dismiss in each of his three pending cases. Brester objected to the State's jurisdiction based on federal law and McGirt because he is a member of the federally recognized Seneca-Cayuga Nation and his alleged crimes were committed in Indian country.5 The State filed a response opposing Brester's motions, arguing the site of each of the alleged crimes is no longer Indian country because the Ottawa and Peoria Reservations have been disestablished. The Ottawa, Peoria, and Miami Tribes filed amicus curiae briefs maintaining each of their reservations remains intact and is Indian country.6

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Outcome: For the foregoing reasons, we REVERSE in part and AFFIRM in part the district court's decision dismissing Brester's cases. We REVERSE the ruling of the district court dismissing Brester's already final conviction in Case No. CF-2018-298 and REMAND the matter for further proceedings not inconsistent with this Opinion. We AFFIRM the ruling of the district court dismissing Brester's pending prosecutions in Case No. CF-2020-129 and Case No. CF-2020-178, involving only major crimes. We AFFIRM the district court's ruling concerning the status of the reservation in CF-2020-177 but REMAND this case, which may involve a general crime on the Ottawa Reservation, for the State to pursue, in its discretion, the unresolved Castro-Huerta jurisdictional claim with the condition that the State do so within sixty (60) days of the date of this opinion. Otherwise, the district court's ruling in CF-2020-177 will become final. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2023), the MANDATE is ORDERED issued upon delivery and filing of this decision.

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