Tulsa Attorney Blog 22 Posts Tagged 'mcgirt'
Where Do You Find the Muscogee (Creek) Nation Tribal Code?
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 of Tulsa County and many of the surrounding counties. So, that means a lot more cases are going to be going on in Muscogee (Creek) Tribal Court, particularly we’re talking about criminal cases.
Cultivation of Marijuana Is a Felony in the Muscogee (Creek) Nation
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 came out in June of 2020 where the United States Supreme Court held that the Muscogee Creek Tribal Reservation was never disestablished through Oklahoma Statehood. And what that means is that there’s a good chunk of Northeast Oklahoma, including most of Tulsa County, and all of them, many of the surrounding counties, are actually part of the Muscogee Creek Tribal Reservation, and native Americans living in that area are going to be subject to the laws of the Muscogee Creek Nation, in addition to state law and federal law.
What’s Your Right to Speedy Trial in Muscogee (Creek) Tribal Court?
What is your right to a speedy trial in the Muscogee Creek Nation Tribal Court? Tulsa Attorney, James Wirth has that answer.
Is First Offense of Possession of Marijuana in Oklahoma a Felony?
There Is a Risk for a Felony If You Are a Tribal Member, Any Tribal Member, and You Are Possessing on Muskogee (Creek) Reservation Land.
Are Landlords Renting to Growers in NE Oklahoma Committing a Felony?
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 coming down in June 2020, and what it said is that the Muscogee Creek Nation reservation was never disestablished through Oklahoma statehood. This means a lot of the land in Northeast, Oklahoma, including most of Tulsa County and all of many of the surrounding counties, is all reservation land subject to the jurisdiction of the Muscogee Creek Nation. Now the Muscogee Creek Nation is a sovereign entity. It does not recognize, necessarily the OMMA and licensing and all of those things, so we’ve got to look at what the code for the tribe says to see if this may be applicable to you.
Statute of Limitation for Criminal Charges in Muscogee (Creek) Nation Tribal Court
If you’re in a circumstance where you are Native American, were you 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 and reversed, whether they can still charge you in the tribal court. So that’s why we want to look at the statute of limitations for the tribe.
DUI Is Never a Felony in Muscogee (Creek) Nation Tribal Court
US Supreme Court in McGirt found the Muscogee Creek original reservation was not disestablished and it comes with a chunk of NE Oklahoma.
Is Possession of Drugs a Felony in Muscogee (Creek) Nation Tribal Court?
Most 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 against them for crimes that occur in that area. Because of that, we’re looking at the differences between state law and tribal law now that we’re about to see a lot more cases in tribal court, as we’re seeing a lot of cases thrown out of state court. One of the more interesting ones is possession of drug paraphernalia.
Murder by Sleeping? One Reason Some Are Happy About McGirt Decision
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. There are many reasons that go into that, but I’ve got an example of a case that gets you an idea on why some people are happy that the McGirt decision came out and divested the state courts with authority to charge certain Indians for crimes in Northeast, Oklahoma.
Is McGirt Going to Effect Deprived Child Cases in Oklahoma?
In a child deprived 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 in deprived child cases in Oklahoma, even though when CPS, Child Protective Services, DH, Department of Human Services, even when they start their investigations, that’s one of the first thing they’re looking into is are these Indian children? Is this family a member of a tribe? Are they eligible to be a member of a tribe? Because ICWA applies, Indian Child Welfare Act applies, and that brings in Federal Law that greatly changes how the cases are affected.