United States v. Harold Ed Burnett

CARRIGAN, District Judge.

Harold Ed Burnett was convicted of first degree murder in the Northern District of Oklahoma. On appeal he asserts six grounds.

First, Burnett argues that the United States District Court lacked subject matter jurisdiction. The issue turns on whether the site of the killing is in “Indian country” subject to federal jurisdiction under 18 U.S.C. § 1153 (1982). If it is not Indian country, the state of Oklahoma has exclusive jurisdiction.

The murder victim was Laban Marchmont Miles, a half-blood Osage Indian who was shot to death in his home on April 15, 1982. Miles resided…