BENCH v. STATE
2021 OK CR 12
Okla. Crim. App.2021Background
- Miles Sterling Bench was convicted of first-degree murder in Stephens County and sentenced to death; he filed a post-conviction application challenging the State's jurisdiction under McGirt.
- The case was remanded for an evidentiary hearing to determine (1) Bench's Indian status and (2) whether the crime occurred in Indian Country (i.e., within the Chickasaw Reservation), per McGirt's framework.
- At the evidentiary hearing the parties stipulated Bench has 1/64 Choctaw blood and was an enrolled member of the Choctaw Nation, and that the crime occurred at the Teepee Totem in Velma within the historical Chickasaw geographic area described in 1855/1866 treaties.
- The district court found the Chickasaw Reservation was established by treaty and not disestablished, but concluded Bench’s jurisdictional claim was procedurally barred because it was not raised on direct appeal.
- The Oklahoma Court of Criminal Appeals (OCCA) reviewed the record, found Bench is an Indian and the crime occurred in Indian Country, rejected the procedural-bar ruling, held Oklahoma lacked jurisdiction, reversed the conviction, and remanded with instructions to dismiss (mandate stayed 20 days).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Indian status | Bench: has some Indian blood (1/64) and is a federally enrolled Choctaw member | State: effectively stipulated to Bench's status / did not contest at hearing | OCCA: Bench is an Indian (1/64 Choctaw; enrolled), satisfying McGirt requirement |
| Reservation / Indian Country | Bench: treaties created Chickasaw Reservation covering Velma; no congressional disestablishment | State: presented no evidence rebutting reservation status (did not contest); district court found reservation exists | OCCA: treaties established Chickasaw Reservation and Congress never explicitly disestablished it; crime occurred in Indian Country |
| Procedural bar (waiver) | Bench: McGirt supplies a previously unavailable legal basis; subject-matter jurisdiction may be raised anytime | State: claim waived because not raised on direct appeal; relied on Oklahoma procedural rules | OCCA: procedural bar inapplicable; jurisdictional defects may be raised at any time under McGirt precedent |
| Remedy / Disposition | Bench: vacatur of judgment and sentence; dismissal | State: if relief granted, requested limited time to transfer custody to U.S. Attorney | OCCA: reversed and remanded with instructions to dismiss; mandate stayed 20 days to allow federal action |
Key Cases Cited
- McGirt v. Oklahoma, 140 S. Ct. 2452 (U.S. 2020) (reservation boundaries are not disestablished absent clear, explicit congressional action)
- Nebraska v. Parker, 136 S. Ct. 1072 (U.S. 2016) (disestablishment requires unmistakable congressional intent)
- Wallace v. State, 935 P.2d 366 (Okla. Crim. App. 1997) (subject-matter jurisdiction cannot be waived)
- Armstrong v. State, 248 P. 877 (Okla. Crim. App. 1926) (jurisdictional defects may be raised at any time)
- Cravatt v. State, 825 P.2d 277 (Okla. Crim. App. 1992) (jurisdictional principles in Oklahoma criminal law)
- Magnan v. State, 207 P.3d 397 (Okla. Crim. App. 2009) (federal jurisdiction over major crimes in Indian Country)
- United States v. Langford, 641 F.3d 1195 (10th Cir. 2011) (distinguishing subject-matter jurisdiction from federal territorial/Indian-country jurisdiction)