SIZEMORE v. STATE

Case No. F-2018-1140.

485 P.3d 867 (2021)

2021 OK CR 6

Devin Warren SIZEMORE, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

FILED April 1, 2021.


Attorney(s) appearing for the Case

APPEARANCES AT TRIAL

MATTHEW T. SHEETS , SHEETS LAW FIRM, P.C., 321 S. 3RD STREET, SUITE 12, MCALESTER, OK 74501, COUNSEL FOR DEFENDANT.

J. MICHAEL MILLER , ATTORNEY AT LAW, 323 ½ E. CARL ALBERT PKWY, MCALESTER, OK 74501, COUNSEL FOR DEFENDANT.

CHARLES D. SULLIVAN , AMANDA SELF, ASST. DISTRICT ATTORNEYS, 115 E. CARL ALBERT PKWY., MCALESTER, OK 74501, COUNSEL FOR STATE.

APPEARANCES ON APPEAL

KATIE BOURASSA , OKLAHOMA INDIGENT DEFENSE SYSTEM, P.O. BOX 926, NORMAN, OK 73070, COUNSEL FOR APPELLANT.

MIKE HUNTER , ATTORNEY GENERAL OF OKLAHOMA, TAYLOR L. LEDFORD , ASSISTANT ATTORNEY GENERAL, 313 N.E. 21ST STREET, OKLAHOMA CITY, OK 73105, COUNSEL FOR APPELLEE.

APPEARANCES AT EVIDENTIARY HEARING

KATIE BOURASSA , OKLAHOMA INDIGENT DEFENSE SYSTEM, P.O. BOX 926, NORMAN, OK 73070, COUNSEL FOR APPELLANT.

CHUCK SULLIVAN , ASST. DISTRICT ATTORNEY, 109 E. CARL ALBERT PKWY., MCALESTER, OK 74501, COUNSEL FOR STATE.

MIKE HUNTER , ATTORNEY GENERAL OF OKLAHOMA, JULIE PITTMAN , CAROLINE HUNT , ASST. ATTORNEY GENERALS, 313 N.E. 21ST STREET, OKLAHOMA CITY, OK 73105, COUNSEL FOR APPELLEE.

OTHER APPEARANCES

JACOB KEYES , ATTORNEY AT LAW, CHOCTAW NATIONAL, JUDICIAL BRANCH, P.O. BOX 1210, DURANT, OK 74702, AMICUS CURIAE.


OPINION

¶1 This appeal turns on whether Appellant Devin Warren Sizemore is an Indian as defined by federal law, and whether he committed murder and assault and battery upon a police officer within Indian country as that term is defined by federal law. Because the answer to both...

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