Oklahoma appeals court narrows effect of McGirt decision
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Chicken-Fried News: Even though — per capita
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The Oklahoma Court of Criminal Appeals affirmed that the Cherokee Nation s reservation was never disestablished after Judge Gary L. Lumpkin dismissed charges against 47-year-old Travis Hogner, a citizen of the Miami Tribe of Oklahoma.
Hogner was charged for possessing a firearm after a felony within the Cherokee Nation. He will not be retried because the statute of limitations expired in his case.
Over the last few months, the Seminole Nation, Chickasaw Nation and the Choctaw Nation have all had their reservation boundaries affirmed. Several post-conviction relief cases involving felony defendants challenged the state s right to try their cases after last summer s landmark
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Last week, the Oklahoma Court of Criminal Appeals delivered two monumental rulings affirming the tribal sovereignty of the Chickasaw Nation and the Cherokee Nation. The cases are now part of five Oklahoma tribes effort to regain their reservations following a historic win in the U.S. Supreme Court.
In each case, the defendants challenged the state s ability to prosecute them based on the location of the crime and the fact that both involved citizens of tribal nations in Oklahoma. In siding with the defendants, the court found that the reservations for both the Chickasaw Nation and the Cherokee Nation were never disestablished.