AG Hunter Files Motion For Court Of Criminal Appeals To Rehear Bosse Case

Attorney General Mike Hunter filed a motion for the Oklahoma Court of Criminal Appeals to rehear the state's case against a man convicted by the state of three murders.

Shaun Bosse was convicted in 2012 in McClain County for the killings of Katrina Griffin and her two young children, Christian Griffin and Chasity Hammer.

The three, who are Chickasaw, were killed on July 23, 2010 at the family's mobile home near Dibble. The home was later set on fire.

Bosse, who is not Native American, was sentenced to death for the murders, plus 35 years in prison and a $25,000 fine for arson.

Bosse's state conviction was overturned by the Court of Criminal Appeals earlier in March. They cited the Supreme Court's ruling in McGirt vs Oklahoma and said the state did not have jurisdiction to prosecute him.

Hunter said a rehearing is warranted because the court overlooked arguments and authority offered by the state and reached conclusions that conflicts with the state's post-conviction statutes.

He also said the request has nothing to do with challenging tribal sovereignty.

In a news release, Hunter said:

“This is about fighting to ensure justice for victims of not only the brutal crimes committed by Shaun Bosse, but also those being revictimized by fallout from the McGirt ruling. We continue to believe the state has jurisdiction over non-Native Americans on tribal reservation lands, even if the federal government also has jurisdiction. Exclusive federal jurisdiction only applies to Native Americans.

“We also believe that prisoners who were convicted long ago and have sat on their claims for years cannot suddenly raise them today under Oklahoma law. Not only will this re-traumatize victims and their families, it creates the possibility these offenders will go free because the federal statutes of limitations have expired, or retrials are compromised because of issues with witnesses and evidence over a long period of time. The ruling by the Court of Criminal Appeals ignores statutory language surrounding criminal appeals, which is why we are asking the court for a rehearing.”

Hunter is asking the Court of Criminal Appeals to stay the ruling for rehearing.

Click here to read the motion.