HOGNER v. STATE
2021 OK CR 4
| Okla. Crim. App. | 2021Background
- Travis John Hogner was tried in Craig County on multiple counts including feloniously pointing a firearm and possession of a firearm after felony conviction; the jury acquitted on most counts but convicted on Count II and found prior felonies, leading to a 50‑year sentence.
- On appeal Hogner argued the State lacked jurisdiction under McGirt v. Oklahoma because he is an Indian and the offenses occurred in Indian Country (Cherokee lands).
- This Court remanded for an evidentiary hearing to determine (a) Hogner's Indian status and (b) whether the crime occurred in Indian Country, instructing the district court to apply McGirt’s test about reservation establishment and disestablishment.
- At the remand hearing the parties stipulated Hogner is an Indian (¼ blood, Miami Tribe member) and that the crime occurred within the historical boundaries of the Cherokee Nation; the State took no position on whether a Cherokee reservation exists or was disestablished.
- The district court found the Cherokee treaties and related federal actions established a reservation and that Congress did not expressly erase or disestablish its boundaries.
- This Court affirmed: Hogner met the prima facie showing, no evidence showed congressional disestablishment, Oklahoma lacked jurisdiction, and the convictions were reversed with instructions to dismiss (mandate stayed 20 days).
Issues
| Issue | Hogner's Argument | State's Argument | Held |
|---|---|---|---|
| Whether Hogner is an Indian for federal jurisdiction purposes | Hogner: he is an Indian (¼ blood; Miami Tribe member) so federal/Indian‑Country rules apply | State: stipulated to Indian status (no contest) | Held: Stipulation and record establish Hogner is an Indian |
| Whether the crime occurred in Indian Country because the Cherokee reservation was established and not disestablished | Hogner: treaties and patents established a Cherokee reservation and Congress never expressly disestablished it (McGirt analysis) | State: took no position and presented no evidence rebutting reservation existence or disestablishment | Held: District court properly applied McGirt; treaties show reservation established and no evidence of congressional disestablishment; Oklahoma lacked jurisdiction; convictions reversed and case dismissed |
Key Cases Cited
- McGirt v. Oklahoma, 140 S. Ct. 2452 (2020) (framework for determining whether Congress created or disestablished reservation for Major Crimes Act jurisdiction)
- Cherokee Nation v. Hitchcock, 187 U.S. 294 (1902) (discussing federal patents and title to tribal lands)
- United States v. Cherokee Nation, 202 U.S. 101 (1906) (addressing Cherokee land cessions and related statutes)
- Minnesota v. Hitchcock, 185 U.S. 373 (1902) (treaty and title considerations in reservation analysis)
- Nebraska v. Parker, 136 S. Ct. 1072 (2016) (standard that only Congress can disestablish a reservation; disestablishment requires clear congressional intent)