The Oklahoma Court of Criminal Appeals said the court “had no choice” when it ruled Thursday the state of Oklahoma cannot prosecute non-Native Americans who commit crimes against Native Americans
Jun. 10—After the Supreme Court's McGirt decision, tribal courts have been inundated with cases that were dismissed by the state. The Cherokee Nation, for instance, has now filed 1,000 cases in the CN District Court. While the McGirt decision clarified that the Muscogee Nation reservation was never disestablished, in the subsequent Hogner case the Oklahoma Court of Criminal Appeals found that .
Oklahoma prosecutor argues that McGirt is not retroactive
May 22, 2021
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OKLAHOMA CITY (AP) An Oklahoma court has agreed to consider a prosecutor’s assertion that a U.S. Supreme Court ruling that the state lacks jurisdiction for certain crimes on land within tribal reservations is not retroactive.
The Oklahoma Court of Criminal Appeals on Friday granted Pushmataha County District Attorney Mark Matloff s request for a stay of court proceedings in the case of Clifton Parish and directed Matloff and defense attorney Debra Hampton to file briefs in the case.
The U.S. Supreme Court ruled in what is known as the McGirt decision that Oklahoma lacks jurisdiction for crimes committed on tribal reservations in which the defendants or victims were tribal citizens.
The Oklahoma Court of Criminal Appeals has stayed its ruling that overturns a man’s conviction and death sentence while the state asks the U.S. Supreme Court to