Detar v. State

• Decision Date: 14 October 2021
• Docket Number: Case No. F-2019-351
• Parties: Justin Cecil DETAR, Appellant, v. The STATE of Oklahoma, Appellee.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

497 P.3d 1215 (Mem)

Justin Cecil DETAR, Appellant,

v.The STATE of Oklahoma, Appellee.

Case No. F-2019-351

Court of Criminal Appeals of Oklahoma.

FILED OCTOBER 14, 2021

ORDER VACATING PREVIOUS OPINION AFFIRMING JUDGMENT AND SENTENCE AND WITHDRAWING OPINION FROM PUBLICATION

¶1 The previous opinion affirming Appellant's judgment and sentence in this case is hereby VACATED and SET ASIDE based upon questions of state jurisdiction in this matter. See McGirt v. Oklahoma, ––– U.S. ––––, 140 S.Ct. 2452, 207 L.Ed.2d 985 (2020). The issuance of the mandate was withdrawn by order dated May 14, 2021, and the case remains pending on rehearing before the Court. The opinion in Detar v. State , 2021 OK CR 9, 489 P.3d 70 is WITHDRAWN . The Court will issue a separate opinion addressing the dispositive issues in Appellant's appeal at a later time.

¶2 IT IS SO ORDERED.

/s/ SCOTT ROWLAND, Presiding Judge

/s/ ROBERT L. HUDSON, Vice Presiding Judge

/s/ GARY L. LUMPKIN, Judge

/s/ DAVID B. LEWIS, Judge