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COLE v. STATE
Citation: 2021 OK CR 28
Court: Court of Criminal Appeals of Oklahoma; October 7, 2021; Oklahoma; State Appellate Court
Original Court Document: View Document
Benjamin Robert Cole, Sr. was convicted of First Degree Murder and sentenced to death by the District Court of Rogers County. His initial appeal was denied, as were previous post-conviction relief applications. In his third attempt, Cole argued that the court lacked jurisdiction due to his daughter's alleged Cherokee heritage and the murder occurring within the Cherokee Nation, citing McGirt v. Oklahoma. Initially, Cole's claim was granted after an evidentiary hearing, but this decision was later reversed following the ruling in State ex rel. Mark Matloff, which determined that McGirt does not retroactively apply to final convictions on collateral review. Consequently, the court denied Cole’s post-conviction relief application and motion to stay proceedings, issuing a mandate for its decision. The court reinforced that McGirt established a procedural rule not retroactively applicable to prior convictions.