News
Decisions from the Oklahoma Court of Criminal Appeals
March 11, 2021
Decisions from the Oklahoma Court of Criminal Appeals were released today by the office of Clerk John D. Hadden.
Travis John Hogner v. The State of Oklahoma
2021 OK CR4
OPINION
LUMPKJN, JUDGE:
 ¶1 Appellant Travis John Hogner was charged and tried by jury
 for Feloniously Pointing a Firearm (21 O.S.Supp.2012, § 1289.16) or
 in the alternative Domestic Assault with a Dangerous Weapon (21
 O.S.Supp.2014, § 644) (Count I); Possession of a Firearm, After Former
 Conviction of a Felony (21 O.S. Supp.2014, § 1283) (Counts II and III);
 Kidnapping (21 O.S.Supp.2012, § 751 (Count V); Interference with
 1 As stated in my separate writing in Bosse v. State, 2021 OK CR 3, — P.3d
 (Lumpkin, J., concurring in result), I am bound by my oath and adherence to the  Federal-State relationship under the U.S. Constitution to apply the edict of the  majority opinion in McGirt v. Oklahoma, 140 S.Ct. 2452 (2020). However, I continue  to share the position of Chief Justice Roberts’ dissent in McGirt, that at the time of  Oklahoma Statehood in 1907, all parties accepted the fact that Indian reservations in the state had been disestablished and no longer existed. Read more.
Shaun Michael Bosse v. The State of Oklahoma
2021 OK CR3
OPINION GRANTING POST-CONVICTION RELIEF
KUEHN, PRESIDING JUDGE:
 ¶1 Shaun Michael Bosse was tried by jury and convicted of three
 counts of First Degree Murder and one count of First Degree Arson in
 the District Court of McClain County, Case No. CR-2010-213. He was
 sentenced to death on the murder counts and to thirty-five (35) years
 imprisonment and a $25,000.00 fine for the arson count. 
…
 ¶3 In Proposition I Petitioner claims the District Court lacked
 jurisdiction to try him. Petitioner argues that his victims were citizens
 of the Chickasaw Nation, and the crime occurred within the
 boundaries of the Chickasaw Nation. He relies on McGirt v. Oklahoma,
 140 S.Ct. 2452 (2020) in which the United States Supreme Court
 reaffirms the basic law regarding federal, state and tribal jurisdiction
 over crimes, which is based on the location of the crimes themselves
 and the Indian status of the parties. Read more. 
Chad Derek Swanson v The State of Oklahoma
2021 OK CR2
SUMMARY OPINION
LUMPKIN, JUDGE:
 ¶1 Appellant, Chad Derek Swanson, has appealed to this Court
 from orders of the District Court of Cleveland County, entered by the
 Honorable Jeff Virgin, District Judge, terminating him from drug
 court and sentencing him in accordance with the drug court contract
 in Case Nos. CF-2014-103 and CM-2014-2578. Read more. 
