McGirt v Oklahoma

Where Do You Find the Muscogee (Creek) Nation Tribal Code? August 20, 2020 The McGirt decision from the United States Supreme Court, says that the Muscogee (Creek) Nation Reservation was never disestablished through statehood, which means that way more land than we thought now is actually on the reservation and subject to the jurisdiction of the Muscogee (Creek) Nation, and that includes most… (Learn More)
Cultivation of Marijuana Is a Felony in the Muscogee (Creek) Nation August 19, 2020 Attention Green Country growers: Cultivation of Oklahoma marijuana is a felony on the Muscogee Creek Reservation. I'm Tulsa Criminal attorney, James Wirth. We're about to talk about the Muscogee Creek Nation Code and how it deals with cultivation. So all of this is relevant because of the McGirt Decision that… (Learn More)
What’s Your Right to Speedy Trial in Muscogee (Creek) Tribal Court? August 18, 2020 What is your right to a speedy trial in the Muscogee Creek Nation Tribal Court? I'm Tulsa Attorney, James Wirth and we're about to talk about the right to a speedy trial in Muscogee Creek Nation. So with the McGirt decision for the United States Supreme Court that said that… (Learn More)
Is First Offense of Possession of Marijuana in Oklahoma a Felony? August 17, 2020 Is first offense, simple possession of marijuana in Oklahoma, a felony again? I'm Tulsa attorney James Wirth, and the answer to that question is yes, for some people. So let me give you a little bit of the background. So the laws in Oklahoma and elsewhere regarding controlled and dangerous… (Learn More)
Are Landlords Renting to Growers in NE Oklahoma Committing a Felony? August 14, 2020 Attention landlords renting to growers here in Northeast, Oklahoma. You're going to want to know what the Muscogee Creek Nation code says about your circumstances. I'm Tulsa attorney James Wirth, and we're about to talk about that. This all starts with the McGirt decision from the United States Supreme Court… (Learn More)
Statute of Limitation for Criminal Charges in Muscogee (Creek) Nation Tribal Court August 13, 2020 If you're in a circumstance where you are Native American, were tried in state court for a crime that occurred on what we now know is reservation land, you're going to want to know the statute of limitations in the tribal court to see if you get your case dismissed… (Learn More)
DUI Is Never a Felony in Muscogee (Creek) Nation Tribal Court August 12, 2020 DUI is never a felony under the Muscogee Creek Nation Tribal Court. Tulsa attorney, James Wirth talking about some of the differences between state law and the Muskogee Creek Nation Tribal law, now that the United States Supreme Court in McGirt has found the Muscogee Creek original reservation has not… (Learn More)
Is Possession of Drugs a Felony in Muscogee (Creek) Nation Tribal Court? August 11, 2020 A lot of Northeast Oklahoma, including most of Tulsa County and all of many of the surrounding counties, is all part of the Muskogee Creek Tribal Reservation, which means that native Americans, whether they're members of that tribe or any other tribe, are going to be subject to criminal filings… (Learn More)
Murder by Sleeping? One Reason Some Are Happy About McGirt Decision August 10, 2020 Oklahoma has one of the highest incarceration rates in the nation. It was actually number one for women and number one for men for a period of time. Now I believe we're down to number two in the nation for prison population. So there are a lot of reasons that… (Learn More)
Is McGirt Going to Effect Deprived Child Cases in Oklahoma? August 7, 2020 In a deprived child case, that is where the state of Oklahoma or another government entity has taken children out of the home, put them into state or governmental custody in order to protect them from parents who have deprived them, and Indian law has always been a big deal… (Learn More)
McGirt and the Cascading Impact of Its Precedent August 6, 2020 Let's talk about the jurisdiction. So this case only deals with the Muscogee Creek Nation, right? So I've got that here in green. So that's the territory that includes most of Tulsa, all of Okmulgee, surrounding counties. We're talking about McIntosh, Creek County, Wagoner County, Muskogee County, Okfuskee County, McIntosh… (Learn More)
McGirt Expungement: New Path to Sealing Criminal Records for Tribal Members August 5, 2020 The McGirt decision from the United States Supreme court greatly expanded the current understanding of what tribal reservation is in Northeast Oklahoma, so that most of Northeast Oklahoma is reservation land. That divested the state court in prosecuting tribal members for crimes occurring in that territory and non-tribal members for… (Learn More)
What Is the Murphy/McGirt Agreement-In-Principle? August 4, 2020 So the Attorney General of Oklahoma has released a document entitled the Murphy McGirt agreement in principle, where he claims that there's been some outlines on what a proposal would be for congressional legislation to resolve some of the issues with the aftermath of the McGirt decision. So in the… (Learn More)
Statute of Limitation for Federal Prosecution of Crimes Dismissed Under McGirt Precedent August 3, 2020 McGirt held that the Muskogee Creek nation was never disestablished, which means that most of Tulsa and surrounding counties are actually tribal reservation land, where the state lacked subject matter jurisdiction to prosecute Indians or crimes committed against Indians. (Learn More)
McGirt Ruling: Who Prosecutes What In Northeast Oklahoma Now? July 31, 2020 United States Supreme Court in the Mcgirt Case on July 9th of 2020 Decided the Muskogee Creek Nation Reservation of the Treaty of 1866 Was Never Disestablished When Oklahoma Became a State (Learn More)
How To Determine If A Crime Victim Is “Indian” Under McGirt Decision July 30, 2020 How do you determine if a victim is an Indian under the McGirt Precedent in Oklahoma? I'm Oklahoma attorney James Wirth and we're about to talk about how to find out if a victim of a crime is an Indian, as it relates to the law. This is all dealing… (Learn More)
Are You an “Indian” for the Purpose of the McGirt Precedent? July 29, 2020 Well, first off you need to be a member or be able to show that you are recognized as a member of a tribe by an Indian tribe or by the federal government. And second, you also have to show some degree of Indian blood, and that's based on the… (Learn More)
What Are the Major Crimes From the Major Crimes Act of 1885? July 28, 2020 Although crimes not in the Major Crimes Act were not involved in the McGirt case or in the Murphy case, the precedent set in the McGirt case that the tribal boundaries from 1866 were never disestablished triggers another list of crimes, which means that for anybody charged with those crimes… (Learn More)
Hey Cannabis Business Owners! Did McGirt Decision Just Outlaw Marijuana in Half of Oklahoma? July 27, 2020 July 9th of 2020, the United States Supreme Court issued an opinion in the McGirt case that found that the Northeast half of Oklahoma is actually tribal land. It's actually part of a tribal reservations from the five tribes How does that affect medical marijuana businesses and medical marijuana itself… (Learn More)
Monumental Supreme Court Case Changes Oklahoma Forever: How Will McGirt Effect You? July 13, 2020 The United States Supreme Court entered a decision that is probably the most monumental decision ever to affect the state of Oklahoma. And it has to do with the Muscogee Creek tribe and its reservation. And essentially what it found is that the tribal reservation is way more expansive than… (Learn More)

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