OKLAHOMA CITY — Two Oklahoma death row prisoners convicted of murder were denied appeals by the Oklahoma Court of Criminal Appeals on Thursday.
Shaun Michael Bosse (38) and Benjamin Robert Cole, Sr. (56), each argued that they were not subject to the jurisdiction of the state under a U.S. Supreme Court decision in the McGirt Decision. This was because each victim of each crime was Native American and occurred on tribal lands.
Appeal court ruled that McGirt’s retroactivity ruling is not applicable and that Cole and Bosse’s sentences and convictions were final before McGirt.
In August reversed Cole’s sentence and convictions. However, the court earlier this year overturned Bosse’s sentences and convictions. In August reversed these and similar rulings. At the time, the court stated that it would review the appeals.
Cole and Bosse were both convicted of the murders of his daughter and her two children. However, the Native American victims of the crime occurred on tribal lands.