McGirt Majorly Affects Oklahoma
Video Transcribed:
The Bosse United States Supreme Court appeal to be dismissed. I’m McGirt attorney James Wirth, and I’ve got an update regarding the Bosse case and what’s going on there. As you’re probably aware, the Bosse court, Oklahoma Court of Criminal Appeals decided that McGirt does have a retroactive effect because it is ultimately an issue of subject matter jurisdiction, which can indeed be challenged at any time and collaterally.
That was the original decision in Bosse. The state did not like that. They filed a petition for writ of certiorari requesting an appeal to the United States Supreme Court.
However, subsequent to that, the Oklahoma Court of Criminal Appeals completely reverses its decision in Wallace, overruling Bosse, and is now filed to actually withdraw Bosse from publication and vacate its order in Bosse. Procedurally, whether that is an available avenue is a questionable issue, but that is what they are doing.
So what does that mean for the state’s appeal to the United States Supreme Court? Well, it’s no longer advantageous for the state to appeal that Bosse ruling since it is being vacated, withdrawn, and is already overruled by Wallace. So it looks like that appeal is likely to be dismissed.
Looks like that they filed a joint stipulation to dismiss in that case. And although it hasn’t been dismissed yet by the United States Supreme Court, I expect that will be happening any day now, which means Bosse will not be the court to decide this issue on the federal level or the United States Supreme Court issue.
It is likely to be decided in the Wallace case once appealed. If you’ve got any questions about McGirt or how this may affect your rights or your cases, you’re going to want to talk to an attorney confidentially about the Bosse appeal dismissed. To get that scheduled with somebody at my office, you can go online to makelaweasy.com.
