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OKLAHOMA

Posted: Jul 24, 2020 3:48 PMUpdated: Jul 25, 2020 2:10 AM

SCOTUS McGirt Decision: Two Different Perspectives

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Tom Davis

McGirt v. Oklahoma was a case argued before the Supreme Court of the United States on May 11, 2020, during the court's October 2019-2020 term. The case came on a writ of certiorari to the Oklahoma Court of Criminal Appeals (OCCA), the state's court of last resort for criminal matters.

The case concerned whether Oklahoma state courts had jurisdiction to try a citizen of the Creek Nation for criminal matters. On July 9, 2020, the court reversed the OCCA's decision in a 5-4 ruling, holding that under the Indian Major Crimes Act, lands reserved for the Creek Nation in eastern Oklahoma constituted Indian Country. As a result, the state of Oklahoma could not legally try a Creek citizen for criminal conduct in state court.[2] Click here for more information.

HIGHLIGHTS

  • The case: A jury in Wagoner County District Court found Jimcy McGirt guilty of one count of first degree rape by instrumentation, one count of lewd molestation, and one count of forcible sodomy. He was sentenced to 500 years in prison and life in prison without parole. McGirt appealed to the Oklahoma Court of Criminal Appeals (OCCA), which denied his petition for review. McGirt appealed to the U.S. Supreme Court, arguing the Oklahoma courts lacked jurisdiction to hear his case because of his membership in the Seminole/Creek Nations of Oklahoma and because the alleged crimes occurred in Indian Country.[4][5]
  • The issue: "Whether Oklahoma courts can continue to unlawfully exercise, under state law, criminal jurisdiction as 'justiciable matter' in Indian Country over Indians accused of major crimes enumerated under the Indian Major Crimes Act—which are under exclusive federal jurisdiction."[6]
  • The outcome: The court reversed the OCCA's decision in a 5-4 ruling, holding that under the Indian Major Crimes Act, lands reserved for the Creek Nation in eastern Oklahoma constituted Indian Country. As a result, the state of Oklahoma could not legally try a Creek citizen for criminal conduct in state court.[2]

 

As it is with any judgement, there are differing opinions. Below are the reactions from State Senator Julie Daniels in a podcast from a recent appearance on our COMMUNITY CONNECTION program and a video provided to us from Cheroke Nation Principal Chief Chuck Hoskin Jr.

 

 

 


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