Challenge to death penalty in Miles Bench case denied

The appeals court reversed Bench’s conviction earlier this year based on the Supreme Court’s...
The appeals court reversed Bench’s conviction earlier this year based on the Supreme Court’s McGirt decision.(KSWO)
Published: Dec. 22, 2021 at 1:59 PM CST
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OKLAHOMA CITY, Okla. (KSWO) - A motion to challenge the conviction and sentence of convicted murderer Miles Bench has been struck down by the Oklahoma Court of Criminal Appeals.

Bench was convicted and sentenced to death in the murder of Braylee Henry in Velma in 2012.

The court of criminal appeals initially threw out Bench’s murder conviction and death penalty sentencing back in May based on the Supreme Court’s McGirt ruling. That ruling decided that parts of Oklahoma were still tribal land.

As a result, Bench claimed the state did not have the authority to try him because he is a member of the Choctaw Nation.

The Oklahoma Court of Criminal Appeals later withdrew their opinion in August.

The Oklahoma Court of Criminal Appeals ruled Wednesday, however, that Bench should have raised that issue during his initial direct appeal instead of through a post-conviction appeal.

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