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STATE v. BRESTER

Case No. S-2021-209.

531 P.3d 125 (2023)

2023 OK CR 10

The STATE of Oklahoma, Appellant v. Winston Whitecrow BRESTER, Appellee.

Court of Criminal Appeals of Oklahoma.

Filed May 11, 2023.

Attorney(s) appearing for the Case

APPEARANCES IN DISTRICT COURT

KENNY WRIGHT , DISTRICT ATTORNEY OF OTTAWA COUNTY, 102 E. CENTRAL AVE., SUITE 201, MIAMI, OK 74354, ATTORNEY FOR STATE.

ANDREW MELOY , ATTORNEY AT LAW, HARTLEY LAW FIRM, 103 E. CENTRAL, SUITE 250, MIAMI, OK 74354, ATTORNEY FOR BRESTER.

GREGORY T. BUZZARD , ATTORNEY AT LAW, CROWE & DUNLEVY, 500 KENNEDY BLDG., 321 S. BOSTON AVE., TULSA, OK 74103, AMICUS CURIAE FOR PEORIA TRIBE.

JOSEPH F. HALLORAN , ATTORNEY AT LAW, JACOBSON, MAGNUSON, ANDERSON & HALLORAN, 180 EAST FIFTH ST., SUITE 940, ST. PAUL, MN 55101, AMICUS CURIAE FOR OTTAWA AND MIAMI TRIBES.

APPEARANCES ON APPEAL

JOHN M. O'CONNOR , ATTORNEY GENERAL OF OKLAHOMA, BRYAN CLEVELAND , ASST. SOLICITOR GENERAL, CAROLINE E.J. HUNT , ASST. ATTORNEY GENERAL, 313 N.E. 21ST STREET, OKLAHOMA CITY, OK 73105, ATTORNEYS FOR APPELLANT.

CINDY DANNER , OKLAHOMA INDIGENT DEFENSE SYSTEM, P. O. BOX 926, NORMAN, OK 73070, ATTORNEY FOR APPELLEE.

D. MICHAEL McBRIDE, III , ATTORNEY AT LAW, CROWE & DUNLEVY, 500 KENNEDY BLDG., 321 S. BOSTON AVE., TULSA, OK 74103, AMICUS CURIAE, FOR PEORIA TRIBE.

JOSEPH F. HALLORAN , ROBIN L. LASH , ATTORNEYS AT LAW, JACOBSON, MAGNUSON, ANDERSON & HALLORAN, 180 EAST FIFTH ST., SUITE 940, ST. PAUL, MN 55101, AMICUS CURIAE FOR OTTAWA AND MIAMI TRIBES.

OPINION

¶1 This is a consolidated appeal of orders issued by the District Court of Ottawa County, the Honorable Becky Baird, Special Judge, dismissing, for lack of jurisdiction, Brester's final conviction in Ottawa County District Court Case No. CF-2018-298 as well as three pending...

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