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An evidentiary hearing is set to be held on Wednesday morning for Kendall Dean Mitchell, a man who entered a guily plea for first degree murder in 1988. Mitchell filed a motion saying that he is a member of the Cherokee Nation and that the crime occured on Cherokee land. 

News report allege that Mitchell was hired by a woman to kill Flem Moody Jr. of Bixby. Mitchell has served 32 years in the department of corrections for the crime. 

The hearing was supposed to be held on December 20 but a court minute says Mitchell was not summoned from the DOC. Mitchell had a brief appearance in Washington County court on Tuesday. The hearing is set for 9 a.m. Wednesday in front of judge Russell Vaclaw. Mitchell is currently in custody at the Washington County Detention Center.