The Oklahoma Court of Criminal Appeals on Thursday overturned the convictions and sentences for nine inmates based on tribal jurisdictional challenges, including two cases that expand earlier rulings to now include the Choctaw and Seminole reservations.
All nine rulings stem from the U.S. Supreme Court’s ruling in McGirt vs. Oklahoma in July that the Muscogee (Creek) Nation had never been disestablished by Congress for the purposes of federal criminal law, leaving the state of Oklahoma with no jurisdiction to try cases when an American Indian is involved and the crime occurred within the tribe’s historic boundaries.
The rulings Thursday follow decisions issued in March by the state Court of Criminal Appeals to expand the so-called McGirt decision to include the Cherokee and Chickasaw reservations.
With the rulings Thursday, the original McGirt decision that the Muscogee (Creek) Nation had never been disestablished now applies to any case involving an American Indian when the crime occurred within any of the five tribes’ boundaries that collectively cover all or parts of 52 of the state’s 77 counties.
As with similar McGirt-related rulings, the appellate court gave itself 20 days before it would issue a final order mandating the decisions. The delay is designed to give federal and tribal prosecutors time to review the dismissals and decide whether to file charges in their jurisdiction.
Choctaw Nation officials said Thursday that they were prepared to file more than 125 cases in its district court as it anticipated the appellate court’s ruling.
The Choctaw reservation footprint extends to part or all of 13 Oklahoma counties in southeastern Oklahoma, while the Seminole reservation includes most of Seminole County.
“The Choctaw Nation has been preparing for the shift in criminal case jurisdiction for well over two years,” Chief Gary Batton said in a written statement. “I am grateful for the work of our Public Safety Department, Tribal Prosecutor’s Office, our judicial branch, and the Sovereignty for Strong Communities Commission to protect public safety and to offer individuals a fair and efficient trial.”
In the case dealing with the Choctaw reservation, a published opinion by the appeal court overturned Devin Warren Sizemore’s first-degree murder conviction and life-without-parole sentence in the 2016 death of his 21-month-old daughter in Krebs.
“Although the case now before us involves the lands of the Choctaw Nation, we find McGirt’s reasoning controlling,” the court said in its 20-page opinion.
The appellate court cited a “thorough and well-reasoned” order by a Pittsburgh County District Court judge, who determined that land set aside by the U.S. government in the 19th century by treaty had never been disestablished by Congress, meaning the boundaries of the Choctaw Nation reservation remain in existence.
Krebs is within the boundaries of the Choctaw reservation and Sizemore, 26, is a member of the tribe.
In another Thursday ruling based on similar precedent, the CCA agreed with a Seminole County District Court judge, who ruled the state of Oklahoma did not have the jurisdiction when it tried Kadetrix Devon Grayson in connection with the 2015 shooting deaths of two individuals.
“The record supports the District Court’s findings that the United States has not disestablished the Seminole Nation of Oklahoma Reservation,” the appellate court wrote in his published opinion, which vacated Grayson’s convictions and life sentences.
The appeals court agreed with the district court that Grayson is a member of the Seminole Nation of Oklahoma and the crime occurred with the nation’s reservation boundaries.
A Seminole County jury convicted Grayson of first-degree murder in the 2015 shooting deaths of Summer Gokey, 30, and Joseph Bounds, 26.
The trial judge sentenced Grayson, 28, to consecutive life sentences.
Other inmates whose convictions and sentences were overturned Thursday based on McGirt-related claims:
Michael E. Spears: Spears, 57, is serving a life sentence after a Rogers County District Court jury found him guilty in the 2017 sword slaying of Mark McKinney, 51. Spears is a member of the Cherokee Nation and the crime occurred within the boundaries of the tribe’s reservation.
Nacole Ryan Bain: Bain, 39, is serving a life prison sentence after pleading guilty in Okmulgee County District Court to the 2018 first-degree murder of Addison “Add” Waddell, 56. Bain is a member of the Muscogee (Creek) Nation and the crime occurred within the tribe’s reservation.
Ryan Cortlan Johnson: Johnson, 27, is serving a life prison term after an Okmulgee County District Court jury convicted him of first-degree murder in the 2017 fatal shooting of his cousin, according to published reports. Johnson is a member of the Chickasaw Nation and the murder occurred within the Muscogee (Creek) Nation reservation.
Joseph Stanley Harjo: Harjo, 39, is serving a life prison term after a Muskogee County District Court jury convicted him in a 2016 child sexual abuse case. Harjo is a member of the Creek tribe and the crime occurred within the nation’s reservation.
Robert William Perry II: Perry, 30, is serving three life prison sentences after a Tulsa County District Court jury convicted him in 2020 on five counts of sexual abuse of a child under 12. Perry is a member of the Muscogee (Creek) Nation and the alleged crimes occurred within the tribe’s reservation.
Floyd Joseph Ball Jr.: Ball, 35, is serving consecutive sentences totaling 44 years in prison after he pleaded guilty in McIntosh County District Court to first-degree rape and kidnapping charges. Ball is a member of the Choctaw Nation and the crime occurred within the Muscogee (Creek) Nation reservation.
Matthew Steven Janson: Janson, 37, is serving two concurrent 10-year sentences with the last five years of each count suspended after he pleaded guilty in 2017 to one count of aggravated possession of child pornography and distribution of child porn. Janson is a member of Cherokee Nation and the crime occurred within the Muscogee (Creek) Nation.
McGirt v. Oklahoma: Supreme Court decision and aftermath
McGirt v. Oklahoma: Supreme Court decision and aftermath
July 9, 2021: Cherokee Nation highlights expansion of legal system on anniversary of ruling
Before the U.S. Supreme Court changed the nature of criminal prosecutions on tribal land last year, the Cherokee Nation was filing on average six cases per month in its tribal court system, the tribe said.
Now, on the first anniversary of the McGirt v. Oklahoma ruling, the tribe has reported filing more than 1,200 cases so far this year.
July 8, 2021: 'McGirt v. Oklahoma Community Impact Forum' set for July 13; tribal leaders irked
The edginess of affairs between Oklahoma’s largest tribal governments and some state and local officials surfaced again July 8 after tribal leaders took exception to a “community impact forum” on the U.S. Supreme Court’s McGirt decision.
June 10, 2021: '80s serial rapist's claim he is 'Indian' for criminal jurisdictional purposes rejected
A convicted serial rapist who claims his state convictions and seven life sentences should be voided is posing the following question for judges: When does one become an Indian for federal criminal jurisdiction purposes?
Steven Michael Burger, 58, is asking the legal system for the answer as he joins the hundreds of criminal defendants who have challenged their state convictions based on the U.S. Supreme Court’s McGirt decision.
May 26, 2021: U.S. Supreme Court signals they could limit ruling
The Supreme Court granted Oklahoma's request to retain custody of a man who has been on death row for killing three Native Americans, a sign the court may be willing to limit the fallout from last year's ruling that much of eastern Oklahoma remains a tribal reservation.
The action came in the case of Shaun Bosse, whose conviction and death sentence for the murders of Katrina Griffin and her two young children were overturned by a state appeals court.
The order makes it likely that the high court will weigh in soon on the extent of its 5-4 ruling last year in McGirt v. Oklahoma.
May 19, 2021: State-Tribal Litigation Fund bill passes
The Oklahoma legislature passed House Bill 2951, which would create a $10 million “State-Tribal Litigation Fund,” to be controlled by a committee that presently has no members.
Budget Committee Chairman Kevin Wallace, R-Depew said would be used only for litigation stemming from the fallout of the U.S. Supreme Court’s McGirt v. Oklahoma decision on state, federal and tribal jurisdictions, although the bill does not make that distinction.
May 17, 2021: How Cherokee Tribal courts are handling the surge in cases
Judicial systems across the eastern half of the state have seen unprecedented change in how they operate since the U.S. Supreme Court’s McGirt vs. Oklahoma ruling 10 months ago, which found that the state of Oklahoma did not have jurisdiction to prosecute criminal cases when they involve an American Indian and the crime occurs within 1860s-era boundaries of the Muscogee Nation.
Since the Supreme Court ruling, Oklahoma courts have expanded the decision so that it now includes crimes that occur within the reservations of the Cherokee, Chickasaw, Choctaw and Seminole nations.
May 11, 2021: Oklahoma congressman's bill would allow tribes to compact with state on criminal jurisdiction
U.S. Rep. Tom Cole announced his introduction of legislation that, if approved, would grant two Native American tribes the option of compacting with the state of Oklahoma over criminal jurisdiction without the need for involvement from federal officials.
Cole issued a statement saying the proposal for the Cherokee and Chickasaw nations is the product of “several months” of “serious and productive conversations with law enforcement officers across the Fourth District of Oklahoma,” which includes part of the Chickasaw Nation.
May 10, 2021: Cherokee, Chickasaw tribal chiefs announce support for federal legislation
The leaders of the Cherokee and Chickasaw Nations announced their support for federal legislation that would permit the two tribes to compact with the state on criminal jurisdictional matters in light of the U.S. Supreme Court’s McGirt decision.
Cherokee Nation Principal Chief Chuck Hoskin Jr. and Chickasaw Nation Gov. Bill Anoatubby said in a joint statement that they would support “narrow federal legislation that would authorize tribal-state compacting on criminal subject matter jurisdiction.”
April 29, 2021: State appeals court overturns two more death sentences
The Oklahoma Court of Criminal Appeals issued another round of opinions that overturned inmates’ convictions based on tribal jurisdiction claims, including those of five men convicted of murder.
The appellate court overturned eight convictions and stopped a pending prosecution based on the U.S. Supreme Court’s 2020 McGirt ruling and related state court opinions.
April 28, 2021: AG seeks to intervene in case of power plant objecting to property taxes
Attorney General Mike Hunter is seeking to join a Wagoner County lawsuit involving an electric power generating facility that is protesting its property taxes, in part because of a recent U.S. Supreme Court decision involving tribal sovereignty.
In a motion filed in Wagoner County District Court, Hunter seeks to intervene in a lawsuit filed last August by Oneta Power LLC.
April 15, 2021: Appellate court rejects claims of two who failed to prove ancestry
April 14, 2021: Chickasaws question Gov. Stitt's rhetoric about McGirt impact
Gov. Kevin Stitt is using “overtly political rhetoric” to exaggerate some of the problems encountered as criminal jurisdiction is reshaped in eastern Oklahoma in the wake of last year’s momentous U.S. Supreme Court decision, the Chickasaw Nation says.
“While differences over historic rulings are to be expected, the Oklahoma Governor has sensationalized and exaggerated accounts of transitional challenges, which actions have heightened political concerns over the process and undermined faith in law,” the tribe told the Oklahoma Court of Criminal Appeals in a legal brief.
April 9, 2021: Four serving life sentences in state prison to get new trials
Four more inmates serving life in state prisons for murder will see their cases retried in federal court due to the U.S. Supreme Court’s McGirt ruling affecting tribal jurisdictions.
Dallas Gene Hastings, Justin Dale Little (pictured at center), Steve Wayne Lockler Jr. and Gary Dewayne Boggs are the latest state inmates to see charges filed against them in Tulsa federal court.
April 8, 2021: Death-row inmate's state conviction, sentence are in jeopardy
A federal grand jury has indicted an inmate on Oklahoma’s death row, apparently in anticipation that his Rogers County murder conviction and death sentence will be overturned on jurisdictional grounds linked to the McGirt Supreme Court ruling.
Benjamin Robert Cole Sr., 56, faces a federal charge of first-degree murder in Indian Country in connection with the 2002 murder of his 9-month-old daughter, Brianna Cole.
April 8, 2021: State appellate court dismisses five more cases on jurisdictional grounds
The Oklahoma Court of Criminal Appeals overturned five more state convictions, including two with life sentences, on jurisdictional grounds linked to the 2020 Supreme Court McGirt decision.
Among the cases overturned was that of Jeffery Arch Jones, a Broken Arrow man who is serving a 175-year prison term after a Tulsa County jury convicted him in 2017 of five child sex abuse counts.
April 6, 2021: Cherokee AG says some cases dismissed by ruling could go unretried
Cherokee Nation Attorney General Sara Hill said the tribe has been working hard to refile cases dismissed in state court due to the McGirt Supreme Court decision and called upon Congress to pass legislation aimed at resolving issues caused by the landmark ruling.
Hill, speaking during a virtual press conference, said the tribe has filed 440 criminal cases in tribal court in recent weeks in an effort to catch as many cases as it can before state courts release individuals from state prison sentences or pending state charges.
April 1, 2021: State appellate court expands McGirt ruling
The Oklahoma Court of Criminal Appeals overturned the convictions and sentences for eight inmates based upon tribal jurisdictional challenges, including two cases that expanded earlier rulings to now include the Choctaw and Seminole Nation reservations.
All eight rulings stem from the U.S. Supreme Court’s McGirt ruling in July that the Muscogee (Creek) Nation had never been disestablished by Congress for the purposes of federal criminal law, leaving the state of Oklahoma with no jurisdiction to try cases when an American Indian is involved and the crime occurred within the tribe’s historic boundaries.
March 31, 2021: 'Fracture' in criminal system created by decision, Tulsa County DA says
The Supreme Court decision affirming tribal jurisdiction within the Muscogee (Creek) reservation is causing concern at the Tulsa County District Attorney’s Office.
District Attorney Steve Kunzweiler hosted a town hall to speak out about the decision and what he said is a “fracture” in how criminal cases are investigated and prosecuted.
He called on members of the public to talk to their political leaders to come up with a solution to “fix” the divide and make sure victims continue to get justice.
March 18, 2021: Manslaughter conviction for ex-Tulsa Police officer overturned
The Oklahoma Court of Criminal Appeals overturned a state manslaughter conviction and 15-year prison sentence given to a former Tulsa police officer, clearing the way for his eventual release while he faces similar charges in federal court.
The state appellate court found that a landmark U.S. Supreme Court ruling in McGirt v. Oklahoma issued last summer meant Shannon Kepler’s manslaughter conviction and sentence was invalid because the state didn’t have the jurisdiction to prosecute him.
March 14, 2021: Broken Arrow power plant claims county has no authority to levy property taxes
A tax protest like no other is taking place in Wagoner County, which if successful could broadly impact some public schools and other government bodies that rely on property taxes for much of their funding.
Oneta Power LLC, which owns a power plant at 25142 E. 105th St. in Broken Arrow, is challenging an increase in its personal property tax valuation based, in part, on claims that it doesn’t owe the county any property taxes, citing a 2020 U.S. Supreme Court ruling that dealt with tribal jurisdictions.
March 11, 2021: Court ruling means hundreds of state criminal cases will be shifted to tribal or federal courts
Citing a landmark U.S. Supreme Court ruling in McGirt v. Oklahoma issued last year, the Oklahoma Court of Criminal Appeals found that the Chickasaw and Cherokee nations were never formally disestablished by Congress.
Though not unexpected, the rulings mean hundreds of state court cases will have to be shifted either to federal or tribal courts.
March 11, 2021: Cherokees expanding criminal justice system for larger role
With a ruling expected soon to affirm a broader jurisdiction for Cherokee Nation courts, the tribe has already begun a massive expansion of its criminal justice system, Principal Chief Chuck Hoskin Jr. told the Tulsa World.
The tribe will need $35 million a year to fund more courtrooms, more prosecutors, more law enforcement officers and even more detention space, the chief said.
March 7, 2021: Former principal chief isn't happy as McGirt decision hits home
Former principal chief of the Muscogee (Creek) Nation A.D. Ellis said he is feeling the effects of the Supreme Court’s landmark McGirt decision, and he’s not liking it.
Ellis said his family has been struggling to keep apprised of what is happening with their case since he and his wife woke up one late January morning at home to discover two of their pickup trucks were missing.
Ellis said he fears his case and others like it might go nowhere in the criminal justice system since the Supreme Court last summer ruled that the Muscogee (Creek) Nation reservation from the 1860s had never been disestablished by Congress.
March 4, 2021: Rogers County judge dismisses over 100 criminal cases
The district attorney in Rogers County expressed concern regarding a recent court ruling that had the effect of dismissing more than 100 state criminal cases involving Native Americans because of jurisdictional issues.
District Attorney Matt Ballard, whose district includes Rogers County, is referring to a decision by retired District Judge Dwayne Steidley that the DA said would expand a landmark Supreme Court ruling.
Feb. 1, 2021: Gov. Stitt takes on McGirt ruling during State of the State address
Gov. Kevin Stitt, during his annual State of the State address, painted a grim picture of rampant crime, unpaid taxes and society run amok unless questions arising from last year’s McGirt decision are settled soon.
McGirt, said Stitt, is “the most pressing issue facing our state’s future.”
Jan. 28, 2021: McGirt decision impact on state oil and gas industry examined during OEPA briefing
The McGirt decision’s impact on the oil and gas industry was a major topic at a briefing held for state legislators by the Oklahoma Energy Producers Alliance.
OEPA President Dewey Bartlett Jr. presided over the roughly 100-minute online event, during which Oklahoma Attorney General Mike Hunter spoke at length about the state’s economic future.
“One of my most important responsibilities is protecting the state’s economic activities,” Hunter said. “There’s no more important stream of commerce in this state than the exploration and production of hydrocarbons.”
Jan. 23, 2021: Oklahoma governor urges tribes to begin negotiating issues
Gov. Kevin Stitt urged the state’s tribal governments to enter into negotiations with the state over issues arising from last summer’s U.S. Supreme Court decision in McGirt v. Oklahoma.
“It is critically important that the State of Oklahoma and the leaders of Oklahoma’s tribes impacted by the McGirt decision begin negotiations, in earnest, to resolve the potential ramifications of this ruling,” Stitt said in a written statement.
Jan. 15, 2021: Tribes want Congress to allow criminal justice compacts with Oklahoma
Some tribal representatives want Congress to allow them to compact with the state to deal with the implementation of a landmark U.S. Supreme Court case regarding criminal jurisdiction.
“The decision in McGirt substantially changes how crime is prosecuted throughout eastern Oklahoma,” said Sara Hill, Cherokee Nation attorney general.
Other tribes, including the Cherokees, Chickasaws, Choctaws and Seminoles, say the ruling applies to their reservations, as well.
Jan. 8, 2021: Former Tulsa police officer's double-jeopardy, statute-of-limitations claims denied
U.S. District Judge Gregory Frizzell said the Constitution’s prohibition against double jeopardy — multiple prosecutions for the same offense — doesn’t apply in Shannon James Kepler’s case.
Kepler was convicted in Tulsa County District Court of manslaughter in Jeremy Lake’s death, but he has appealed that conviction on the grounds that he was tried in the wrong jurisdiction based on the U.S. Supreme Court’s McGirt ruling last year. He is awaiting a decision from the Oklahoma Court of Criminal Appeals.
“Under the circumstances, a fifth trial does not violate Mr. Kepler’s substantive due process rights,” Frizzell wrote in the opinion.
Jan. 4, 2021: McGirt decision results in record number of criminal federal filings in 2020
Tulsa federal prosecutors obtained a record number of grand jury indictments last year, largely due to a landmark U.S. Supreme Court decision last summer.
A record 291 indictments involving 449 defendants were filed in 2020 in the federal Northern District of Oklahoma, an 11-county region that includes Tulsa. By comparison, U.S. Attorney Trent Shores’ office obtained 202 indictments in 2019 for 366 defendants, said Lennea Montandon, spokesperson for Shores’ office.
Nearly half of the indictments were a result of a July Supreme Court decision.
Nov. 7, 2020: Federal jury finds McGirt guilty in retrial
A jury deliberated about an hour before finding Jimcy McGirt guilty again of sexually molesting a 4-year-old girl in 1996 at a Broken Arrow home.
The guilty verdict follows three days of testimony in Muskogee federal court.
McGirt, 72, was retried after the U.S. Supreme Court in July threw out his 1997 state convictions and no parole life sentence.
Oct. 23, 2020: Gov. Stitt panel releases principles for state-tribe relations
Gov. Kevin Stitt’s Commission on Cooperative Sovereignty released a list of five over-arching principles it proposes the state use in dealing with a landmark U.S. Supreme Court case, but not all of the state’s Native American tribes are happy with it.
Stitt appointed the commission in July to form recommendations in the wake of McGirt v. Oklahoma, a recent U.S. Supreme Court case that determined that the federal government and tribes — not the state — have jurisdiction over major crimes involving tribal citizens in Indian Country, including much of eastern Oklahoma. But the case could impact other areas, such as taxation, as well.
Oct. 5, 2020: McGirt ruling could have impact on state tax collections
A report from the Oklahoma Tax Commission indicates the decision in McGirt v. Oklahoma could reduce the amount of individual income tax and sales and use taxes collected by the state.
“The Oklahoma Tax Commission anticipates a significant, immediate and ongoing fiscal impact resulting from the expanded boundaries of the Muscogee (Creek) Nation under McGirt,” wrote Executive Director Jay Doyle in a letter.
Oct. 1, 2020: Attorney General Bill Barr meets with Cherokee Nation leadership, local federal prosecutors
U.S. Attorney General William Barr said the Department of Justice intends to dedicate more than $7.5 million to the Cherokee Nation as it expands its court system following the Supreme Court’s ruling that the Muscogee (Creek) Nation was not disestablished for purposes of enforcing the federal Major Crimes Act.
In a visit to the Cherokee Nation headquarters, Barr said he was looking forward to discussing how the DOJ and the Cherokee Nation can “jointly meet at least the short-term challenges that we face with the McGirt decision,” named for Seminole Nation citizen Jimcy McGirt.
“Unfortunately, COVID interfered with my travel plans for six months,” Barr said during a press briefing.
Aug. 29, 2020: Man charged in 1990s rapes freed due to McGirt ruling
Leroy Jemol Smith, 50, who was connected by recent DNA tests to several Muskogee rape cases from the 1990s, may not have to face prosecution after a federal court decision ordering his release.
U.S. prosecutors have filed an emergency order to get Smith back in custody to await trial.
Aug. 14, 2020: McGirt makes federal court appearance in child sex abuse case
Jimcy McGirt appeared before a judge via teleconferencing from the Muskogee County jail for his initial appearance on a federal charge of sexual abuse of a minor in Indian Country.
The complaint was filed before he was released from state custody in accordance with the Supreme Court decision, which reversed an Oklahoma Court of Criminal Appeals decision denying his jurisdictional challenge.
Aug. 7, 2020: McGirt-related murder cases increase Tulsa federal court's caseload
The Supreme Court ruling has prompted state officials to dismiss pending cases where the crime occurred within the Muscogee (Creek) Nation reservation and the victim or defendant was American Indian.
Federal officials have picked up the dismissed cases involving major crimes and assumed jurisdiction in new cases where the crime occurred in Indian Country and at least one of the parties was American Indian.
U.S. Attorney Trent Shores said in a statement that a grand jury issued a record 50 indictments this month, including 10 linked to homicides.
Aug. 1, 2020: Feds file charges against two men whose state convictions were overturned
Two men who won appeals that led to the Supreme Court declaring earlier this month that the Muscogee (Creek) Nation reservation was never disestablished,
<&underline>now face charges in federal court</&underline>. A U.S. District Court magistrate this week approved the filing of criminal complaints against Patrick Dwayne Murphy, 51, and Jimcy McGirt, 71. Murphy was convicted of murder and sentenced to death in state court in connection with the 1999 McIntosh County stabbing and beating death of George Jacobs Sr., 49.
July 29, 2020: Attorneys general for Oklahoma, Cherokee Nation discuss ruling on 'Let's Talk'
Two attorneys general, one for the state of Oklahoma, the other for the Cherokee Nation, agree on at least a few things resulting from a landmark U.S. Supreme Court decision that said Congress never disestablished the Muscogee (Creek) Nation’s reservation.
Those aspects: 1) The court decision did not affect individual property rights; 2) Congress will be needed to close jurisdictional gaps created by the decision; and 3) both the state and the tribes need to work together as Congress considers closing those gaps.
Those issues and more were featured during another Tulsa World “Let’s Talk” virtual town hall program.
July 21, 2020: Gov. Stitt forms commission to study impact of decision on state
Gov. Kevin Stitt announced the formation of a state commission to delve into the ramifications of a U.S. Supreme Court decision that declared much of eastern Oklahoma to still be a Muscogee (Creek) Nation reservation for major crime jurisdictional purposes.
Stitt’s announcement comes after the state attorney general’s attempt a week earlier at presenting a united front to Congress fell apart.
Other commission members include both former and current lawmakers, as well as those representing energy, farm and real estate interests. No tribal representatives were included on the board named by Stitt, although a press release from his office notes that one tribal representative may be included along with a representative from the Attorney General’s Office and the District Attorneys Council.
July 20, 2020: Oklahoma AG tracking scores of appeals that could be affected by decision
The Oklahoma Attorney General’s Office has compiled a list of 178 individuals — including 44 in Tulsa County — who have filed challenges to their state court convictions based on claims that the state of Oklahoma didn’t have jurisdiction to prosecute them.
The list maintained by the Attorney General’s Office includes filings up to April 23 and covers cases both pending and disposed of by court rulings. The list of 178 cases does not include, for the most part, cases still in state district court because the Attorney General’s Office does not receive notice of those, said Alex Gerszewski, a spokesman for Hunter’s office.
July 17, 2020: Attorney general, tribes reach agreement on jurisdictional issues
State and tribal leaders announced that an agreement-in-principle had been reached regarding a proposed federal law that one tribal law expert said would, in part, provide for the state to resume jurisdiction in most criminal cases now under federal control.
State Attorney General Mike Hunter said in a news release that the agreement is the “best path forward for protecting the public and promoting continued economic growth in Oklahoma” despite more details to be worked out.
“My commitment to our tribal partners is to work together to forge common ground on the issues brought to light by this case,” Hunter said. “Oklahoma’s tribal nations are a fundamental part of Oklahoma’s culture, economy, politics and governance. The relationship between the tribes and my office is based on trust and mutual respect.
“And that synergism has been essential to the successful formation of this important agreement.”
July 15, 2020: Ruling could affect case of mother charged with killing children
ANuyaka woman jailed for more than 18 months in the shooting deaths of her two children could face federal prosecution instead of going before an Okmulgee County jury this year due to the children’s Native American ancestry.
Amy Leann Hall, 39, has been in custody without bond since November 2018 on murder charges related to the fatal shooting of her 18-year-old son, Kayson Tolliver, and 16-year-old daughter, Kloee Toliver, at their home near Beggs.
Hall is additionally accused of shooting at her 14-year-old daughter and was ultimately arrested after reportedly leading authorities on a high-speed chase.
July 14, 2020: Homicide in Tulsa 'first real test' of decision
A Tulsa man was accused in the death of his girlfriend, a Cherokee Nation citizen, the day after a landmark U.S. Supreme Court decision that redefined what federal and state prosecutors have historically known as “Indian Country.”
Authorities arrested James Michael Landry, 29, in connection with the fatal shooting of Crystal Bradley, 45, Tulsa Police Lt. Brandon Watkins said. Landry was charged in federal court on a complaint of first-degree murder in Indian Country, according to court documents.
“The day after the Supreme Court ruling that eastern Oklahoma’s an Indian Reservation, we had our first real test of how this will work,” Watkins said.
July 12, 2020: Decision to have little impact on nontribal residents, TU law professor says
Aila Hoss, an expert in American Indian law, said in an interview that while she believes the criminal case won by Jimcy McGirt will be cited in future criminal litigation for “the next decades,” the ruling will have a very limited application in the short term.
“The only thing this case does is reaffirm that states don’t have criminal jurisdiction on tribal reservation lands when we are dealing with an Indian defendant who has been accused of a major crime,” Hoss said.
July 10, 2020: Tribal law expert calls ruling 'most important' in state history
“I think this is the most important decision in Oklahoma history in terms of sovereignty for the state of Oklahoma and sovereignty for the five tribes,” said Mike McBride III, an attorney with Crowe & Dunlevy.
However, McBride said he doesn’t believe that there will be a flood of appeals by tribal members seeking to overturn their state convictions.
“There may be many cases where there’s a Native American who had committed a crime on Indian lands, or Indian Country under the Major Crimes Act statute, that is in jail or prison and would want to challenge that conviction,” McBride said.
July 9, 2020: U.S. Supreme Court's 5-4 decision
The Supreme Court ruled that a large chunk of eastern Oklahoma remains an American Indian reservation, a decision that state and federal officials have warned could throw Oklahoma into chaos.
The court's 5-4 decision, written by Justice Neil Gorsuch, means that Oklahoma prosecutors lack the authority to pursue criminal cases against American Indian defendants in parts of Oklahoma that include most of Tulsa, the second-largest city.
December 2019: U.S. Supreme Court to hear McGirt v. Oklahoma
Jimcy McGirt, 71, is challenging an Oklahoma state court’s jurisdiction over him in his convictions in 1997 for a series of sex crimes. A Wagoner County District Court judge sentenced him that year to more than a millennia in prison.
McGirt was convicted of first-degree rape by instrumentation, lewd molestation and forcible sodomy, all after a former conviction, according to court documents. He previously served a five-year prison term for a sodomy conviction.
“McGirt challenges this judgment and sentence as void without subject matter jurisdiction because McGirt is an enrolled member of the federally recognized Seminole Nation of Oklahoma and the alleged crimes were allegedly committed in Indian Country,” McGirt wrote in his self-filed petition to the U.S. Supreme Court.
The crimes occurred in late 1996 in east Broken Arrow. And, according to the Oklahoma attorney general’s response to the petition, they were committed against a child.
McGirt v. Oklahoma: Supreme Court decision and aftermath
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Curtis Killman
Staff Writer
I'm a member of the Projects Team with an emphasis on database analysis. I also cover federal court news, maintain the Tulsa World database page and develop online interactive graphics. Phone: 918-581-8471
