Tulsa Attorney BlogCategory: McGirt
85 Articles:
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What’s the United States Supreme Court’s Test for Whether to Stay a Lower Court Ruling?
The feds have already filed charges against Bosse that are going to be picked up and moved forward, regardless of whether the state conviction is reversed or not.
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McGirt: Does SCOTUS’s Bosse Stay Affect Your Post-Conviction Relief (PCR) Case?
First off, the Bosse case is important for a couple of different reasons. It expanded the McGirt decision to the Chickasaw Nation.
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State Appeals Bosse Case to United States Supreme Court
The Bosse case is a state case filed in 2010 and there was a conviction in it and he’s been in jail for an extended period of time.
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OCCA Denies State Appeal Requesting the Court Delay McGirt Ruling
So the person was charged with a crime, went to a preliminary hearing, was bound over a preliminary hearing.
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Lumpkin: “Subject Matter Jurisdiction May — Indeed, Must — Be Raised at Any Time.”
I’ve asserted previously, and it should be pretty clear cut by now if we’re talking about a McGirt claim, and that is that the defendant or the victim is Native American and that the site of the crime is in what is now considered to be tribal territory based under McGirt and its progeny, then the state of Oklahoma lacks jurisdiction, and that is subject matter jurisdiction, and subject matter jurisdiction cannot ever be waived. And therefore, all of these procedural bars do not apply.
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McGirt: Death Sentence Overturned by Victim’s Posthumous Tribal Enrollment
This case is relevant as to the timing of tribal enrollment and how that affects a conviction in a McGirt-type case.
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The New Wave of McGirt: Attacking Sentence Enhancements & Predicates
Indian Country attorney James Wirth, speaks on the shocking new developments regarding the McGirt v Oklahoma case.
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Bosse Mandate Stayed for 45 Days (Until May 30, 2021)
McGirt attorney, James Wirth speaks about the Bosse decision and the mandate.
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Muskogee Judge Dismisses McGirt Case with Subsequent Tribal Enrollment
Tulsa attorney James Wirth, speaks on a Muskogee case of somewhat notorious interest, and that’s the case of Leroy Jemol Smith.
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Pro Se McGirt Post-Conviction Relief Fail
McGirt Attorney James Wirth, speaks on a case that where a defendant filed on their own for post-conviction relief.
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