McGirt
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. Read more »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. Read more »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. Read more »Final, Uncontested Judgment Vacating a Conviction Under McGirt Is Itself Vacated 6 Months Later
Oklahoma court makes an unprecedented decision. Read more »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. Read more »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. Read more »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. Read more »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 […] Read more »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. Read more »The United States Supreme Sets Conference Date for Wallace Case (State v. Parish)
McGirt basically redefined what is Indian country in Oklahoma by finding that the Muscogee Creek Nation had never been disestablished. Read more »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. Read more »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. Read more »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. Read more »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. Read more »City of Tulsa & Owasso Seek to Overturn McGirt
McGirt Impacts Oklahoma Video Transcribed: City of Tulsa and Owasso seek to overturn McGirt. I’m McGirt attorney James Wirth, and that’s what we’re talking about, a new amicus curiae brief that has been filed in the United States Supreme Court where the city of Tulsa and the city of Owasso actually filed together jointly requesting […] Read more »Does McGirt Apply to the Quapaw Nation Reservation? Was the Quapaw Reservation Disestablished?
The Quapaw Nation Reservation is now recognized, pursuant to the highest criminal court in the state of Oklahoma. Read more »Defense in Bosse Requests Stay in OCCA Pending Wallace Appeal to US Supreme Court
Oklahoma Court of Criminal Appeals granted a partial stay to give enough time for the state to request a stay from the US Supreme Court. Read more »Wallace Motion for Rehearing & Motion to Stay Denied by OCCA
McGirt attorney James Wirth has a major update for you regarding the Wallace case here in the state of Oklahoma. Read more »Bosse SCOTUS Appeal to be Dismissed!
OK Court of Criminal Appeals decided that McGirt does have a retroactive effect as it is ultimately an issue of subject matter jurisdiction. Read more »Bosse Order Vacated & Withdrawn from Publication by OCCA
I would predict based on that since Wallace came out, the state's appeal to the United States Supreme Court in Bosse is going to be withdrawn. Read more »Re-Prosecution in Federal or Tribal Court after McGirt Dismissal Doesn't Violate Double Jeopardy
Double Jeopardy provides that, nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb. Read more »McGirt v Oklahoma Timeline
July 9-McGirt decision handed down by the U.S. Supreme Court March 11- Hogner v State of Oklahoma decision that the Cherokee Nation WAS NOT disestablished April 1- Grayson v State of Oklahoma decision that the Seminole Nation WAS NOT disestablished April 1- Sizemore v State of Oklahoma decision that the Choctaw […] Read more »Petition for Writ of Certiorari to US Supreme Court Filed in Bosse
I filed a case with the USPC, it was strongly recommended that you do not make more than three requests for questions presented. Read more »Does Matloff v. Wallace Mean Cases Dismiss Under McGirt Can Be Refiled?
There's been a number of cases that have already been dismissed on McGirt that were at the post-conviction level. Read more »OCCA Does Complete 180 on McGirt in Matloff v. Wallace Decision
If the CCOA couldn't find a way to save these convictions the then it's going to be very difficult for anybody else to do so. Read more »
