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McGirt ruling results in two more Oklahoma death row reversals


Oklahoman
An Oklahoma death row inmate who was just weeks away from execution in 2015 for killing his infant daughter had his conviction reversed Thursday because the child was a Cherokee and the crime occurred on the tribe’s reservation.
Benjamin Robert Cole was one of two death row inmates whose convictions were overturned as the Oklahoma Court of Criminal Appeals continued to apply last year’s U.S. Supreme Court decision in the McGirt case. James Chandler Ryder, sentenced to death for one of two murders he committed in 1999, also had his convictions overturned.
Four death row inmates have received reversals since the high court issued its ruling in the McGirt case, which has led most of eastern Oklahoma and some central Oklahoma counties to be deemed Indian Country for the purposes of criminal prosecutions. ....

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Second Oklahoma Death Penalty Voided Under Native Sovereignty Decision, Shaun Bosse to Get Non-Capital Trial in Federal Court


The
Oklahoma Court of Criminal Appeals has voided the convictions of a second death-row prisoner who was unlawfully tried and condemned in the Oklahoma state courts for an offense that occurred on Native American tribal lands.
On March 11, 2021, applying the U.S. Supreme Court’s landmark 2020 tribal sovereignty ruling in
Shaun Bosse’s convictions and death sentences for the murders of three citizens of the
Chickasaw Nation within the historical boundaries of the Chickasaw Nation Reservation. The court unanimously held that Oklahoma lacked jurisdiction over the case because the crimes occurred on lands considered “Indian Country” under federal law, subject to the exclusive jurisdiction of the federal courts. ....

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