Can the Court Delay Dismissal to Allow Time for McGirt Charges in Tribal or Federal Court?

In the Travis Hogner case, mentioned in the article about McGirt Reservation Boundaries. (Oklahoma Court of Criminal Appeals F-2018-138), the Attorney General in its Supplemental Brief of Appellee After Remand nearly acknowledges that the State had no jurisdiction to prosecute and confine the defendant but states,

“Should this Court find the defendant is entitle to relief . . . the State respectfully requests this Court stay any order reversing the conviction in this case for thirty days to that the appropriate authorities can review his case and determine whether it is appropriate to file charges and take custody of the defendant.” 

The State’s sole cited authority for this request is Okla. Stat. tit. 22, § 846; however, this statute is relegated to circumstances where the State of Oklahoma has subject matter jurisdiction but the case was filed in the wrong county/venue.  This statute does not provide authority for the State to hold someone where the State has no subject matter jurisdiction.

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