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Oklahoma Lacks Jurisdiction to Prosecute Indians for Crimes that Occur in Indian Country, Including Much of Tulsa

By Shari Allison

In Sharp v. Murphy, Docket No. 17-1107, the Supreme Court affirmed the Tenth Circuit?s decision in Murphy v. Royal, 875 F.3d 896 (10th Cir. 2017), for the reasons stated in McGirt v. Oklahoma. In Murphy, the Tenth had held that the Creek reservation had not been disestablished and that the State of Oklahoma lacked jurisdiction to prosecute the petitioner for a murder that occurred on the reservation. The State of Oklahoma's death sentence is vacated.McGirt v. Oklahoma, Docket No. 18-9526 (July 9, 2020): The Supreme Court in a 5-4 decision holds that Mr. McGirt?s state convictions should be vacated and he should be tried in federal court because he was an enrolled member of the Seminole Nation and his crimes occurred on the Creek Reservation...continue to full post

Full post as published by Tenth Circuit Blog on July 09, 2020 (boomark / email).