PARKER v. STATE
495 P.3d 653
Okla. Crim. App.2021Background
- On July 22, 2018, Michael Gary Parker shot and killed John Wilson outside an after-hours club following an earlier altercation the same evening at a different club. Witnesses said Wilson was not acting threateningly.
- Parker admitted shooting Wilson but claimed self-defense, saying Wilson approached and reached for his pocket; prosecution argued Parker went home for a gun and returned to target Wilson.
- A jury found Parker guilty of first‑degree manslaughter (lesser included offense); the jury deadlocked on punishment and the judge sentenced Parker to 20 years (17 to serve).
- On appeal Parker raised seven issues: sufficiency/self‑defense, jury instruction (manslaughter), Batson challenge, suppression of confession, prosecutorial misconduct, ineffective assistance, and McGirt jurisdictional challenge.
- The district court (after an evidentiary hearing on Indian‑status remand) found Parker failed to prove tribal or federal recognition as an Indian at the time of the offense; the Court of Criminal Appeals affirmed the conviction and denial of relief.
Issues
| Issue | State's (Plaintiff's) Argument | Parker's (Defendant's) Argument | Held |
|---|---|---|---|
| Sufficiency / self‑defense | Evidence disproved self‑defense; eyewitnesses contradicted Parker | Acted in reasonable self‑defense; victim approached and reached for pocket | Conviction affirmed; evidence sufficient to disprove self‑defense |
| Jury instruction (manslaughter) | Manslaughter instruction proper if self‑defense fails but heat of passion plausible | No evidence of heat of passion; instruction encourages compromise verdict | No abuse of discretion; instruction reasonably supported by evidence |
| Batson (peremptory strikes) | Strikes were race‑neutral: low trust in police, prior contacts | Strikes were racially motivated and pretextual | District court credited prosecutor; no purposeful discrimination found |
| Suppression of confession | Parker reinitiated interview and validly waived rights; statement voluntary | Parker had invoked counsel; detective coerced waiver by threatening girlfriend | Trial court's voluntariness finding sustained; suppression denial affirmed |
| Prosecutorial misconduct | Arguments were fair comment; court cured improper remarks by sustaining objections and instructing jury | Prosecutor shifted burden, inflamed jury, alleged tailoring of testimony | No reversible misconduct; objections and instructions cured any error |
| Ineffective assistance of counsel | No prejudice shown; strategic decision not to call cousin reasonable | Counsel failed to renew suppression motion and omitted key witness | No relief; no strong showing of deficient performance or prejudice |
| Jurisdiction (McGirt) | Parker not recognized as Indian at time of offense; State retained jurisdiction | Parker descended from Cherokee Freedmen; eligibility/membership should show recognition | District court found Parker failed prima facie recognition; Court adopted ruling and declined dismissal |
Key Cases Cited
- McGirt v. Oklahoma, 140 S. Ct. 2452 (2020) (held reservation status controls federal jurisdiction under the Major Crimes Act)
- Batson v. Kentucky, 476 U.S. 79 (1986) (peremptory strikes may not be exercised on racial grounds)
- Flowers v. Mississippi, 139 S. Ct. 2228 (2019) (trial court must assess prosecutor credibility and demeanor in Batson inquiries)
- Edwards v. Arizona, 451 U.S. 477 (1981) (questioning must cease after invocation of right to counsel unless reinitiated)
- Minnick v. Mississippi, 498 U.S. 146 (1990) (police may not resume interrogation after request for counsel unless suspect initiates)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong test for ineffective assistance of counsel)
- United States v. Diaz, 679 F.3d 1183 (10th Cir. 2012) (two‑part test for "Indian" status: some Indian blood and recognition by tribe or federal government)
- United States v. Prentiss, 273 F.3d 1277 (10th Cir. 2001) (applies Rogers/Diaz recognition framework)
- Mason v. State, 433 P.3d 1264 (Okla. Crim. App. 2018) (sufficiency review standard; accept reasonable inferences supporting verdict)
- St. Cloud v. United States, 702 F. Supp. 1456 (D.S.D. 1988) (discusses political/recognition component of "Indian" status)