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
¶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
¶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.