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Date: 09-13-2021
Case Style:
Case Number: CF-2014-36
Judge: Shawn Taylor
Court: District Court, Craig County, Oklahoma
Plaintiff's Attorney: Craig County District Attorney's Office
Defendant's Attorney: Wes Johnson
Description: Vinita, OK: Tulsa, Oklahoma criminal defense lawyer represented Defendant, charged with:
1. CHILD SEXUAL ABUSE (FELONY)
2. CHILD SEXUAL ABUSE (FELONY)
3. CHILD SEXUAL ABUSE (FELONY)
4. CHILD SEXUAL ABUSE (FELONY)
5. SEXUAL BATTERY (FELONY)
Defendant is a Native American and the alleged crimes occurred in Indian County. Per the McGirt case, the Oklahoma State District Court did not have jurisdiction over the case and the conviction was invalid.
McGirt's recognition of an existing Muscogee (Creek) Reservation effectively decided which sovereign must prosecute major crimes committed by or against Indians within its boundaries, crimes which previously had been prosecuted in Oklahoma courts for more than a century. But this significant change to the extent of state and federal criminal jurisdiction affected "only the manner of determining the defendant's culpability." Schriro, 542 U.S. at 353 (emphasis in original). For purposes of our state law retroactivity analysis, McGirt's holding therefore imposed only procedural changes, and is clearly a procedural ruling.
* * *
11-16-2015
PLEA OF GUILTY SUMMARY OF FACTS
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
11-16-2015
ORDER TO CONDUCT PRE-SENTENCE INVESTIGATION
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
11-16-2015
EMAILED PSI
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
11-17-2015
MOTION AND ORDER DISCHARGING BOND
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
12-18-2015
NOTICE OF FILING
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
01-11-2016
CM: CR: CYNDI LARIMER, JUDGE MCBRIDE, PRESIDING, STATE
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
$ 1,250.00
ERIN OQUIN, DEF PRESENT WITH ATTY LEONARD LOGAN, MATTER
COMES ON FOR SENTENCING, TESTIMONY FOR THE DEFENSE
HEARD FROM : MARK R. LOPU (THERAPIST), TODD GRUNDY
(PHYSOCOLOGIST), CATHY BERRY (MOTHER OF DEF.). BOTH ADA
ERIN OQUIN & DEFENSE ATTY LEONARD LOGAN GIVE STATMENTS.
COURT ORDERS COUNT 1: 20 YEARS WITH THE DOC, $250 FINE,
$1000 VCA, COURT COSTS, $25,000 RESTITUTION FOR VICTIM.
COUNT 1 TO RUN CONCURRENT WITH COUNT 2. COUNT 2
20 YEARS WITH DOC, $250 FINE, $1000 VCA, COURT COSTS,
$25,000 RESTITUTION FOR VICTIM, COUNT 2 TO RUN
CONCURRENT WITH COUNT ONE. COUNT 3: 20 YEARS WITH DOC
$250 FINE, $1000 VCA, COURT COSTS AND $25,000
RESTITUTION FOR VITIM, COUNT 3 TO RUN CONCURRENT WITH
COUNT 4. COUNT 4: 20 YEARS WITH DOC, $250 FINE, $1000
VCA, COURT COSTS, COUNT 4 TO RUN CONCURRENT WITH COUNT
3. COUNTS 1&2, TO RUN CONSECETIVE WITH COUNTS 3&4.
COUNT 5: 5 YEARS WITH DOC, $250 FINE, $1000 VCA AND
COURT COSTS, COUNT 5 TO RUN CONSECTIVE WITH COUNTS 3&4.
COURTS ORDERS DEF TO RECEIVE SEX OFFENDER EDUCATION IN
DOC. NO JUDICAL REVIEW IS SET, DEFENSE MAY APPLY BY
APPLICATION OF DEFENDANT IF HE SO DESIRES. DEF TO
RECEIVE CREDIT FOR TIME SERVED. DEFENDANT TO REMAIN IN
CCJ FOR AT LEAST 10 DAYS BEFORE BEING TRANSPORTED TO
DOC. DEFENDANT REMANED TO CCJ
* * *
08-19-2020
CM: CR: L. GRIFFIN, JUDGE TAYLOR PRESIDING, STATE BY
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ERIN OQUIN, DEFENDANT PRESENT BY ATTY EMILYN POTTER
STANDING IN FOR WESLEY JOHNSON, CASE PASSED TO 10/13/20
@ 9:30 BEFORE JUDGE TAYLOR.
08-31-2020
APPLICATION FOR POST-CONVICTION RELIEF
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
08-31-2020
PETITIONER/DEFENDANT APPLICATION FOR POST-CONVICTION
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
RELIEF AND BRIEF IN SUPPORT
09-02-2020
STATE'S RESPONSE TO DEFENDANT'S APPLICATION FOR
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
POST-CONVICTION RELIEF
10-13-2020
CM: CR: L. GRIFFIN, JUDGE TAYLOR PRESIDING, STATE BY
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ERIN OQUIN, ATTY'S WESLEY JOHNSON AND EMILY POTTER
APPEAR FOR THE DEFENDANT. CASE IS RESET FOR STATUS
CONFERENCE ON 2/17/21 @ 10:30 AT DEFENDANT'S REQUEST.
NO OBJECTION BY THE STATE.
02-18-2021
CM: NO CR: DUE TO THE COURT HOUSE BEING CLOSED FOR
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
02-18-2021
CM: NO CR: DUE TO THE COURT HOUSE BEING CLOSED FOR
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
INCLEMENT WEATHER CASE IS PASSED TO 4/14/21 @ 10:30 AM.
04-14-2021
STATE'S SUPPLEMENTAL RESPONSE TO APPLICATION FOR POST
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
CONVICTION RELIEF
04-14-2021
CM:CR:L. GRIFFIN, JUDGE TAYLOR PRESIDING, STATE BY KALI
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
STRAIN, ATTY'S WESLEY JOHNSON AND EMILYN POTTER PRESENT
FOR THE DEFENDANT. MATTER COMES ON FOR MOTION TO
DISMISS PURSUANT TO MCGIRT MOTION. PARTIES STIPULATE
DEFENDANT HAS INDIAN BLOOD QUANTUM AND MEBER OF INDIAN
TRIBE AT TIME OF CROME AND THE CRIME OCCURRED WITHIN
HISTORIC BOUNDARIES OF CHEROKEE NATION. COURT FINDS
STATE OF OKLAHOMA LACKS JURISDICTION, ORDERS CASE
DISMISSED AND DEFENDANT RELEASED FROM CUSTODY EXCEPT
EXECUTION OF ORDER STAYED THIRTY (30) DAYS PENDING
APPEAL OF STATE PURSUANT TO 22 O.S. 1087. DEFENDANTS'
COUNSEL TO PREPARE ORDER. EXHIBITS 1 & 2 ADMITTED INTO
EVIDENCE.
04-14-2021
STIPULATION BY THE STATE OF OKLAHOMA
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
06-04-2021
STATE'S MOTION TO STAY DEFENDANT'S MOTION TO VACATE
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
JUDGMENT AND SENTENCE, MOTION TO DISMISS AND MOTION FOR
IMMEDIATE RELEASE AND APPLICATION FOR POST- CONVICTION
RELIEF
06-15-2021
ORDER STAYING REQUEST FOR POST-CONVICTION RELIEF
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
09-13-2021
ORDER LIFTING STAY AND DENYING POST-CONVICTION RELIEF
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
APPLICATION
Outcome: Case dismissed. Defendant transferred to the custody of the United States Marshall.
Plaintiff's Experts:
Defendant's Experts:
Comments: