McGirt
Understanding McGirt is crucial if you or a loved one is affected by jurisdictional issues related to Native American lands in Oklahoma. This legal area can determine whether state or tribal courts have authority, impacting criminal charges and civil matters. Learning about McGirt can clarify complex legal boundaries and protect your rights. For more detailed information, consult a knowledgeable Tulsa McGirt attorney who understands these nuances.
If you need legal help navigating McGirt-related issues, the Tulsa attorney at Wirth Law Office offers experienced guidance tailored to your case. Complex jurisdictional questions require careful handling to avoid costly mistakes. Contact Wirth Law Office at (918) 879-1681 to discuss your situation and explore your options with a trusted legal professional.
Tribal Jurisdiction & Your Case
The Department of Justice has recently taken legal action against two Oklahoma district attorneys for prosecuting cases that should have been tried in federal or tribal courts. This situation underscores the complexities of jurisdiction, especially following the landmark McGirt case. This pivotal case determined that crimes committed by Native Americans on tribal land fall under federal or tribal jurisdiction, not state. The ruling has significantly altered Oklahoma’s legal landscape, causing both confusion and adaptation within the justice system. It highlights the importance of understanding jurisdictional nuances, especially for Native American individuals facing legal charges.
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McGirt: Wyandotte Reservation NOT Disestablished says OK Court of Criminal Appeals. (2024 OK CR 4)
The Oklahoma Court of Criminal Appeals recently ruled in the case of State v. Fuller 2024-OKCR4 that the Wyandotte Reservation has not been disestablished. This decision stems from the landmark McGirt decision by the United States Supreme Court, which determined that the Muskogee Creek Nation reservation was never disestablished. This means that the state of Oklahoma lacks jurisdiction to prosecute Native Americans on tribal land. The court found that the Wyandotte Reservation, established in 1867 and terminated in 1956, was resurrected by the Reinstatement Acts of 1978. If you are facing criminal charges in Ottawa County and are a registered member of a tribe, seek legal counsel to understand your rights. Visit MakeLawEasy.com to schedule a consultation with an attorney.
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McGirt: OCCA Affirms Osage Nation Reservation was Disestablished. (2024 OK CR 8).
The recent decision by the Oklahoma Court of Criminal Appeals regarding the Osage Nation Reservation and its disestablishment has significant implications for cases involving Native Americans in northeast Oklahoma. Tulsa Attorney James Wirth discusses the aftermath of the McGirt ruling and how it affects jurisdiction in criminal cases. The Osage Nation Reservation, established in 1872 and disestablished in 1906, had unique circumstances with the division of surface and mineral rights. While the defendant in this case argued for a reapplication of the law post-McGirt, the court ultimately upheld the prior ruling from the 10th Circuit. For personalized legal advice on McGirt-related cases, consulting with an attorney is recommended.
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OCCA Changes the McGirt Rules Again: Defendant on Deferred Sentence Denied Relief. 2023 OK CR 20.
The Oklahoma Court of Criminal Appeals has issued a new ruling that further changes the application of the McGirt decision. In this case, the defendant, Dio, who had entered into a deferred sentence before McGirt, was denied relief. McGirt held that the Muscogee Creek Nation reservation was never disestablished, meaning that much of northeast Oklahoma is now considered Indian country. As a result, the state lacks jurisdiction to prosecute tribal members who commit crimes in that area. McGirt's conviction was vacated, but the state re-prosecuted him and imposed a new sentence. The US Supreme Court found that the state lacked authority to prosecute him, but later the Matloff decision stated that it only applied going forward as a new procedural rule. In Dio's case, he did not have a final conviction, so previous precedent would suggest that the state lacked jurisdiction. However, the court changed the rules again and stated that subject matter jurisdiction could be waived. The majority opinion redefines Indian country jurisdiction, effectively bypassing McGirt. Two judges dissented and criticized the majority decision. The ruling adds to the complexity of the law and contorts legal phrases to fit a results-based analysis. It is important for practitioners and individuals in similar situations to seek legal advice to understand how this ruling may impact their cases.
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OCCA Finds Peoria Tribe Reservation was Disestablished Then Re-established
In a recent case, the Oklahoma Court of Criminal Appeals determined that the Peoria tribe reservation was disestablished but later reestablished, and it remains intact today. The court relied on the precedent set by the United States Supreme Court in McGirt to make this determination. The Peoria reservation was created by treaty in 1867 but was terminated in 1956. However, Congress later reversed its policy and reinstated tribal sovereignty through the Reinstatement Act of 1978. The court concluded that the reservation was fully restored by the language of this act, and therefore, the state of Oklahoma lacks jurisdiction to prosecute crimes committed by Indians in the Peoria reservation. For specific legal advice on tribal sovereignty or criminal offenses in Oklahoma, it is advised to consult an attorney.
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McGirt: OCCA Ottawa Tribe Reservation Was Disestablished & Then Reestablished.
In a recent case, the Oklahoma Court of Criminal Appeals ruled that the Ottawa tribe reservation, which was disestablished in 1956, was then reestablished in 1978 and remains intact today. This decision stems from the landmark McGirt decision, which found that the Muscogee Creek Nation reservation was never disestablished. Now, the state of Oklahoma lacks jurisdiction to prosecute Native Americans for crimes committed within tribal reservations. The court examined the tribal history and determined that the 1978 Reinstatement Act fully restored the Ottawa tribe's sovereignty and rights. This means that crimes allegedly committed by Indians on Ottawa Nation territory must be prosecuted in tribal or federal court. For more information on how the McGirt decision may impact your case, schedule a confidential consultation with Tulsa Attorney James Wirth at MakeLawEasy.com.
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McGirt: 10th Cir. Rules City of Tulsa Can’t Prosecute Indians for Traffic Offenses (Hooper v. Tulsa)
In a recent decision, the 10th Circuit ruled that the city of Tulsa cannot prosecute Indians for traffic offenses. This ruling stems from the landmark McGirt decision in 2020, which established that the Muscogee Creek Nation's territory was still considered Indian country. As a result, the state of Oklahoma lost jurisdiction to prosecute Indians for criminal offenses, including traffic violations. The city of Tulsa argued that it should still have authority based on its existence before statehood, but the 10th Circuit disagreed. This decision has significant implications for past and pending cases in Tulsa Municipal Court, and it remains to be seen if the city will appeal to the United States Supreme Court. If you find yourself involved in a similar situation, it is crucial to seek legal advice from an experienced attorney.
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McGirt: OCCA “Disregards Basic Principles of Law” to Resurrect Vacated Conviction & Sentence
In a recent decision, the Oklahoma Court of Criminal Appeals has been accused of disregarding basic principles of law to resurrect a vacated conviction and sentence. The case in question involves a member of an Indian tribe who was previously convicted in Tulsa County. Following the McGirt decision, it was established that the northeast part of the state of Oklahoma is still considered Indian country, which means the state lacks the authority to prosecute Indians for crimes. The defendant filed for post-conviction relief, and the sentence was vacated. However, the Oklahoma Court of Criminal Appeals completely reversed the decision, leading to the resurrection of the conviction and sentence.
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You Don't Have to be a Member of a Tribe When the Crime Occurred for McGirt to be Applicable.
The decision of the Oklahoma Court of Criminal Appeals stands, and what that provides is that there are more factors than registration.
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How Changes in Forensic Science May Affect McGirt Retrials
For DNA testing, now they're able to handle if there's multiple DNA in the mixture, current forensic science can handle that much better.
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McGirt: OCCA Hearing Appeal on Reinstated Conviction & Sentence
If you have an order entered and it's not appealed, the court loses jurisdiction, can't change it after that point.
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SCOTUS to Decide: Can Oklahoma Prosecute Non-Indians for Crimes Against Indians in Indian Country?
The court decided to accept the case, but it was narrow in saying that we're not going to accept it for both those issues.
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United States Supreme Court Declines Oklahoma's Request to Overturn McGirt
The court has specifically said, "We are not going to re-decide, re-litigate, re-hear the main decision in McGirt.
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United States Supreme Court Declines Oklahoma's Request to Overturn McGirt
The court has specifically said, "We are not going to re-decide, re-litigate, re-hear the main decision in McGirt.
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Final, Uncontested Judgment Vacating a Conviction Under McGirt Is Itself Vacated 6 Months Later
Oklahoma court makes an unprecedented decision.
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OCCA Rules Kiowa-Comanche-Apache Reservation was Disestablished in the Year 1900
Oklahoma Court of Criminal Appeals reviewed that and found that be an explicit disestablish of the reservation at that time.
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OCCA Affirms Revocation of Probation on Conviction That Is Illegal Under McGirt
The case is an appeal filed by the defendant who was on probation based on a conviction that is illegal or would be illegal under McGirt.
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McGirt Expands to Mining Regulation in Northeast Oklahoma
The McGirt decision from the United States Supreme Court found the Muskogee Creek Nation was never disestablished.
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United States Supreme Court Refuses to Hear the Wallace Appeal (State v. Parish)
As a practical matter, many people in the state of Oklahoma obviously want to mitigate the damages caused by the decision in McGirt.
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United States Supreme Court Refuses to Hear the Wallace Appeal (State v. Parish)
Video Transcribed: United States Supreme Court refuses to hear the Wallace appeal. I’m Oklahoma attorney James Wirth and I am a lawyer in Tulsa. I’m doing a video regarding an update in the Wallace case. That is the case where the Oklahoma Court of Criminal Appeals decided that McGirt, rather than just being an issue […]
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McGirt Challenge: SCOTUS Continues Conference in Castro-Huerta Case
The defendant in this is accused of a crime where the victim is a Native American, but the defendant himself is not.
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State v. Castro-Huerta: McGirt Issue Back Before the US Supreme Court
State v. Victor Castro-Huerta is the case where the defendant was sentenced to 35 years in state court for a relatively serious crime.
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OCCA Approves Indian Status for Defendant Who Obtained Tribal Membership in Response to McGirt
It was undisputed that the crime occurred in Indian territory, so the question came down to whether he qualifies as an Indian.
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McGirt: US Attorney's Office Only Indicts in 10% of Cases Referred for Prosecution by Tulsa County
Normally if it's a more serious offense it would go to the Feds, generally speaking, if it's a lesser offense it would go to the Tribes.
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McGirt Victim Impact Report Lays Out Risk of Prosecution After McGirt Dismissal
If your case has been vacated and is being submitted for prosecution, what's the risk that it gets picked up by a different agency.
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