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Date: 11-28-2022

Case Style:

United States of America v. Amy Leann Hall

Case Number: 6:20-cr-00111

Judge: Ronald A. White

Court: United States District Court for the Eastern District of Oklahoma (Muskogee County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney:




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Description: Muskogee, Oklahoma criminal law lawyer represented Defendant charged with two counts of murder in Indian Country and one ccount of assault with intent to commit murder in Indian Country.

A grand jury indicted Hall in connection with the Nov. 1, 2018, fatal shootings of Kayson Toliver, 18, and Kloee Hall, 16, at their home near Nuyaka. Hall was also charged with shooting a third child of hers, a then- 14-year-old girl who was injured but managed to disarm her mother.

Hall initially was charged in state court. Her state charges were dismissed in October 2020 after she raised a jurisdictional challenge following the U.S. Supreme Court's July 2020 landmark McGirt ruling, which determined that the Muscogee Nation reservation had never been disestablished by Congress.

While a later U.S. Supreme Court decision reaffirmed the state’s right to prosecute Hall since she is white, federal prosecutors continued to pursue charges against Hall since her children were American Indian and the crimes occurred within the Muscogee Nation reservation.

In October, Hall agreed to plead guilty in federal court after prosecutors there gave her a Monday deadline to accept the plea agreement.

If Hall did not accept the plea, federal prosecutors indicated to her attorneys that they would drop federal charges, opening the door for state prosecutors to reopen their case against her and seek the death penalty.

While the charge of murder in Indian Country carries a possible death sentence, that option was not on the table in Hall’s federal case.

Both Kayson Toliver and Kloee Hall were fatally shot while they slept in their beds, according to court records.

Hall was arrested later following a vehicle pursuit.

Investigators wrote in court documents that when asked for a motive, she said she believed she was protecting her children from her estranged husband.

“(S)ome part of me thought I was saving them,” Hall told investigators, the documents state.

The plea deal comes after Hall indicated dissatisfaction with her legal representation.

In an Oct. 1-dated letter to the judge hearing her case, Hall complained of infrequent visits from her attorneys to discuss her case and asked that she be appointed new legal counsel. She later indicated that she would withdraw the request for new counsel.

Hall has been in custody since her arrest in 2018. She will be formally sentenced at a later date.

18:1111(a), 1151 & 1152: Murder in Indian Country
(1-2)
18:113(a)(1), 1151 & 1152: Assault with Intent to Commit Murder in Indian Country
(3)

Outcome: 11/28/2022 102 MINUTES of Proceedings held before District Judge Ronald A. White: Motion Hearing and Change of Plea Hearing held on 11/28/2022. Guilty Plea entered to Counts 1, 2 and 3 of the Indictment as to Amy Leann Hall. Defendant remanded to custody of US Marshal. (Re: 94 MOTION to Withdraw Attorney(s), 99 MOTION to Determine Counsel) (Court Reporter: Joanna Smith) (tls, Deputy Clerk) (Entered: 11/28/2022)
11/28/2022 103 WAIVER of Right to Trial by Jury by Amy Leann Hall, approved by District Judge Ronald A. White (tls, Deputy Clerk) (Entered: 11/28/2022)
11/28/2022 104 PLEA AGREEMENT as to Amy Leann Hall (tls, Deputy Clerk) (Entered: 11/28/2022)
11/28/2022 105 SEALED AGREEMENT SUPPLEMENT (tls, Deputy Clerk) (Entered: 11/28/2022)
11/28/2022 106 MINUTE ORDER by District Judge Ronald A. White: In light of the hearing held on 11/28/2022 (Re: 102 Minutes of Motion Hearing and Change of Plea Hearing), Defendant's 94 Pro Se Motion to Withdraw Attorney and 99 Motion to Determine Counsel are deemed withdrawn as to Amy Leann Hall (tls, Deputy Clerk) (Entered: 11/28/2022)
11/28/2022 107 MINUTE ORDER by District Judge Ronald A. White: In light of the Change of Plea entered by defendant on 11/28/2022, the Jury Trial previously set for 2/7/2023 at 9:00 a.m. is hereby STRICKEN as to Amy Leann Hall (tls, Deputy Clerk) (Entered: 11/28/2022)
11/28/2022 108 First MOTION to Withdraw Attorney(s) by Amy Leann Hall. (Goncalves, Walter) (Entered: 11/28/2022)

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