HOGNER v. STATE
2021 OK CR 4
| Okla. Crim. App. | 2021Background:
- Travis John Hogner (Appellant) was tried in Craig County, charged with multiple felonies; jury convicted him of one count (Possession of a Firearm After Former Felony Conviction) and recommended a 50-year sentence.
- After McGirt v. Oklahoma, the Court remanded for an evidentiary hearing to resolve (a) Hogner's Indian status and (b) whether the crime occurred in Indian Country (Cherokee Nation reservation boundaries).
- At the remand hearing the parties stipulated Hogner had some Indian blood and was a member of the Miami Tribe (¼ Indian blood) on the date of the offense.
- The State stipulated the crime occurred within the historical boundaries of the Cherokee Nation but took no position on whether a Cherokee reservation was established or disestablished.
- The District Court, applying McGirt, found treaties and statutes established a Cherokee reservation and that Congress never explicitly disestablished it; it concluded Oklahoma lacked jurisdiction.
- The Oklahoma Court of Criminal Appeals affirmed: Hogner met his prima facie showing, no evidence of congressional disestablishment was presented, and the convictions were reversed with instructions to dismiss.
Issues:
| Issue | Hogner's Argument | State's Argument | Held |
|---|---|---|---|
| 1) Does the court have subject-matter jurisdiction because Hogner is Indian? | Hogner: he is an Indian (stipulated) so federal law controls for crimes in Indian Country. | State: acknowledged the stipulation of Indian status. | Held: Stipulation accepted; Hogner is an Indian for federal criminal-jurisdiction purposes. |
| 2) Did Congress establish a Cherokee reservation (Indian Country) covering the crime location? | Hogner: treaties and patents (1833, 1835, etc.) established a permanent Cherokee reservation; McGirt analysis applies. | State: took no position on establishment; did not rebut the treaty evidence. | Held: District Court properly found treaties created a Cherokee reservation; appellate court affirmed. |
| 3) Was the Cherokee reservation disestablished by Congress? | Hogner: no statute or congressional action explicitly disestablished the reservation; McGirt requires clear congressional intent to disestablish. | State: presented no evidence or argument showing disestablishment. | Held: No evidence of explicit congressional disestablishment; reservation stands for jurisdictional purposes. |
| 4) Remedy if reservation exists and Hogner is Indian | Hogner: Oklahoma lacks jurisdiction; conviction must be vacated and case dismissed (or remanded to federal authorities). | State: requested a short stay to permit federal review/prosecution if relief granted. | Held: Convictions reversed and remanded with instruction to dismiss; mandate stayed 20 days to permit any further action. |
Key Cases Cited
- McGirt v. Oklahoma, 140 S. Ct. 2452 (Supreme Court ruling setting the test for reservation establishment and disestablishment)
- Cherokee Nation v. Hitchcock, 187 U.S. 294 (discussing federal patents and tribal title)
- United States v. Cherokee Nation, 202 U.S. 101 (addressing Cherokee cessions and statutory treatment of land)
- Minnesota v. Hitchcock, 185 U.S. 373 (noting that fee patents do not necessarily defeat reservation status)
- Nebraska v. Parker, 136 S. Ct. 1072 (clarifying requirement of clear congressional intent to disestablish reservation)
- Holden v. Jay, 84 U.S. 211 (historical treaty interpretation regarding Cherokee removal and promised lands)