GRAYSON v. STATE
485 P.3d 250
| Okla. Crim. App. | 2021Background
- Kadetrix Devon Grayson was convicted by a Seminole County jury of two counts of first-degree murder and one count of possession of a firearm after a felony; sentenced to consecutive life terms plus ten years.
- Grayson appealed raising five propositions, including ineffective assistance claims and that Oklahoma lacked jurisdiction under 18 U.S.C. § 1153 and McGirt v. Oklahoma.
- This Court remanded for an evidentiary hearing limited to (a) Grayson’s Indian status and (b) whether the crimes occurred within the Seminole Nation Reservation; parties stipulated Grayson is a Seminole Nation member and the Seminole Nation is federally recognized.
- The District Court found the Seminole Nation reservation was created by treaty/purchase (1866 Treaty and 1881 purchase), has not been disestablished by Congress, and the crimes occurred within reservation boundaries.
- The Court of Criminal Appeals adopted those findings, applied McGirt, held Oklahoma lacked jurisdiction over the crimes in Indian Country, granted Proposition III, found the other claims moot, vacated the judgments and remanded with instructions to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction under McGirt / Major Crimes Act | Grayson: he is Indian and crimes occurred on Seminole Reservation, so state lacks jurisdiction; federal jurisdiction governs | State: (did not contest post-remand findings below) earlier defended conviction | Held: State lacked jurisdiction; convictions vacated and case remanded with instructions to dismiss |
| Ineffective assistance — poor communication | Grayson: counsel refused adequate communication and to permit his participation in defense | State: trial counsel was effective; no relief warranted | Held: Moot given disposition on jurisdiction |
| Ineffective assistance — failure to question medical examiner about broken ribs | Grayson: counsel was deficient for not cross-examining ME on victim’s broken ribs | State: trial strategy and no prejudice | Held: Moot given disposition on jurisdiction |
| Jury instruction — "credibility of informers" | Grayson: trial court abused discretion by refusing requested informer-credibility instruction | State: instruction not required; no abuse | Held: Moot given disposition on jurisdiction |
| Cumulative error / due process claim | Grayson: errors cumulatively denied due process and reliable sentencing | State: no cumulative prejudice | Held: Moot given disposition on jurisdiction |
Key Cases Cited
- McGirt v. Oklahoma, 140 S. Ct. 2452 (2020) (establishes that where Congress reserved land for a tribe and did not disestablish the reservation, certain crimes involving Indians in "Indian Country" fall under federal jurisdiction)
- Seminole Nation v. United States, 316 U.S. 310 (1942) (historical treatment of Seminole lands and transactions informing reservation boundaries)
- Mattz v. Arnett, 412 U.S. 481 (1973) (allotment can be consistent with continued reservation status)