The State of Oklahoma v. Phillip Lee Barkus

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Holdenville, Oklahoma criminal defense lawyer represented Defendant charged with possession of a firearm AFCF, DUI, and carrying a firearm while under the influence of alcohol.<br>
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Appellant was apprehended by a sheriff's deputy who observed his pickup disobey a stop sign at Allen and Broadway streets in Holdenville. The driver's identification showed he was Phillip Barkus. Noticing the smell of alcohol, several sobriety tests followed that validated the deputy's suspicions of intoxication and led to Appellant's arrest. An inventory search yielded a rifle in the cab behind the driver's seat. Appellant admitted possessing the gun. At the bench trial, counsel stipulated to eleven prior felony convictions.<br>
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In Proposition One, Appellant asserts that he is a Seminole Indian and challenges the State's legal authority to prosecute him for crimes committed in Indian Country. McGirt v. Oklahoma, 591 U.S. 894 (2020).1 He preserved his claims in written motions and a series of hearings, with the trial court repeatedly denying relief. We review the court's factual findings for clear error and its legal conclusions on Indian status de novo. See Parker v. State, 2021 OK CR 17, ¶ 34, 495 P.3d 653, 665.<br>
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Appellant's Estelusti ancestry, his Freedmen citizenship, and his lifelong association with the Seminole Nation are not open to doubt. Appellant satisfies the recognition element of the Rogers test. But he has not shown the required prima facie evidence that he has some degree of Indian blood, and this disposes of his McGirt claim. Proposition One is denied.<br>

Afirmed