SIZEMORE v. STATE
485 P.3d 867
Okla. Crim. App.2021Background:
- In July 2016, Pittsburg County officers found Devin Sizemore and his 21‑month‑old daughter at a pond; the child drowned and Sizemore was arrested after a physical struggle with police.
- Sizemore was tried in state court and convicted of first‑degree murder and assault/battery on a police officer; sentenced to life without parole plus five years concurrent.
- On direct appeal Sizemore argued Oklahoma lacked jurisdiction because he is an Indian and the offenses occurred in Indian country; other trial‑error claims were raised but rendered moot by the jurisdictional issue.
- After McGirt v. Oklahoma, the case was remanded for fact findings on (1) Sizemore’s Indian status and (2) whether the crimes occurred within the Choctaw Reservation; the parties stipulated that Sizemore is an enrolled Choctaw Nation member and the Choctaw Nation is federally recognized.
- The trial court found, based on 19th‑century treaties, that a Choctaw reservation was established and Congress never disestablished it; the Oklahoma Court of Criminal Appeals adopted these findings, held the land is Indian country, and vacated the convictions with instructions to dismiss because federal law (the Major Crimes Act) governs.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sizemore is an "Indian" under federal law | Sizemore: he has Indian blood and is an enrolled member of the Choctaw Nation | State: did not contest below; no contrary evidence presented | Court accepted stipulation and held Sizemore is an Indian for federal purposes |
| Whether the crimes occurred in Indian country (Choctaw Reservation) | Sizemore: treaties created a Choctaw reservation and Congress never disestablished it | State: presented no evidence of congressional disestablishment | Court held treaties established the reservation and Congress did not disestablish it; the land is Indian country |
| Whether Oklahoma had jurisdiction (Major Crimes Act/exclusive federal jurisdiction) | Sizemore: murder (and possibly the assault) occurred in Indian country by an Indian, so federal law governs and state lacked jurisdiction | State: prosecuted in state court | Court held murder falls under the Major Crimes Act (exclusive federal jurisdiction); vacated convictions and remanded with instructions to dismiss |
Key Cases Cited:
- McGirt v. Oklahoma, 140 S. Ct. 2452 (2020) (treaties can create reservations that persist absent clear congressional disestablishment; governs Indian‑country analysis in Oklahoma)
- Solem v. Bartlett, 465 U.S. 463 (1984) (disestablishment of a reservation requires clear congressional intent)
- Hagen v. Utah, 510 U.S. 399 (1994) (examples of statutory language that evidences disestablishment)
- Nebraska v. Parker, 577 U.S. 481 (2016) (disestablishment standard and need for clear congressional expression)
- State v. Klindt, 782 P.2d 401 (Okla. Crim. App. 1989) (Oklahoma lacks jurisdiction over crimes by or against Indians in Indian country)