McGirt
How McGirt Impacts Municipal Court
There are municipal courts that are assuming jurisdiction over defendants who would otherwise be exempt from state jurisdiction under McGirt. Read more »Does Edwards v. Vannoy Affect McGirt in Oklahoma?
Edwards was a defendant that was criminally charged in Louisiana for some pretty bad offenses; armed robbery, rape kidnapping, and the such. Read more »What's the United States Supreme Court's Test for Whether to Stay a Lower Court Ruling?
The feds have already filed charges against Bosse that are going to be picked up and moved forward, regardless of whether the state conviction is reversed or not. Read more »McGirt: Does SCOTUS's Bosse Stay Affect Your Post-Conviction Relief (PCR) Case?
First off, the Bosse case is important for a couple of different reasons. It expanded the McGirt decision to the Chickasaw Nation. Read more »State Appeals Bosse Case to United States Supreme Court
The Bosse case is a state case filed in 2010 and there was a conviction in it and he's been in jail for an extended period of time. Read more »OCCA Denies State Appeal Requesting the Court Delay McGirt Ruling
So the person was charged with a crime, went to a preliminary hearing, was bound over a preliminary hearing. Read more »Lumpkin: "Subject Matter Jurisdiction May -- Indeed, Must -- Be Raised at Any Time."
I've asserted previously, and it should be pretty clear cut by now if we're talking about a McGirt claim, and that is that the defendant or the victim is Native American and that the site of the crime is in what is now considered to be tribal territory based under McGirt and its progeny, then the state of Oklahoma lacks jurisdiction, and that is subject matter jurisdiction, and subject matter jurisdiction cannot ever be waived. And therefore, all of these procedural bars do not apply. Read more »McGirt: Death Sentence Overturned by Victim's Posthumous Tribal Enrollment
This case is relevant as to the timing of tribal enrollment and how that affects a conviction in a McGirt-type case. Read more »The New Wave of McGirt: Attacking Sentence Enhancements & Predicates
Indian Country attorney James Wirth, speaks on the shocking new developments regarding the McGirt v Oklahoma case. Read more »Bosse Mandate Stayed for 45 Days (Until May 30, 2021)
McGirt attorney, James Wirth speaks about the Bosse decision and the mandate. Read more »Muskogee Judge Dismisses McGirt Case with Subsequent Tribal Enrollment
Tulsa attorney James Wirth, speaks on a Muskogee case of somewhat notorious interest, and that's the case of Leroy Jemol Smith. Read more »Pro Se McGirt Post-Conviction Relief Fail
McGirt Attorney James Wirth, speaks on a case that where a defendant filed on their own for post-conviction relief. Read more »Ottawa County Judge Rules Peoria Tribal Reservation Never Disestablished (McGirt Expansion)
McGirt attorney James Wirth, explains how Ottawa county judge rules Peoria Nation Reservation never disestablished. Read more »McGirt Now Officially Applies to All of the "Five Civilized Tribes."
McGirt attorney James Wirth talks about an expansion of the McGirt precedent from the United States Supreme Court on July 9th of 2020. Read more »Grayson: McGirt DOES Apply to the Seminole Nation
The court found that the Seminole Nation was established and pursuant to the McGirt precedent, the court has to find that there was clear, unambiguous congressional language passed into law that disestablished it in order for it to be disestablished. Read more »Sizemore: McGirt DOES Apply to Choctaw Nation Reservation
McGirt attorney talks about a new decision from the Oklahoma Court of Criminal Appeals that dropped today, April 1st, 2021. Read more »Major McGirt Decision Update!
Recently, the Oklahoma Court of Criminal Appeals handed down two important decisions regarding the status of the Cherokee tribe and the Chickasaw tribe. Read more »McGirt Officially Applied to Non-Indian with Indian Victims
The Chickasaw Nation was never disestablished just like McGirt decided that the Muscogee Creek Nation was never disestablished. Read more »Does Oklahoma Have Concurrent Jurisdiction Over Indian Victim Cases Under McGirt?
State argues the clear language of both statute and case law, federal and state courts have concurrent jurisdiction over non-Indians. Read more »McGirt v Oklahoma
Download the full text of McGirt-v-Oklahoma (pdf) McGirt v Oklahoma Summary On July 9, 2020, the United States Supreme Court returned a decision that significantly changed criminal prosecution in Oklahoma. The court determined that boundaries of the Muscogee (Creek) Reservation had not been reduced when Oklahoma gained statehood in 1907. Because the Muscogee (Creek) Nation […] Read more »McGirt Class Action Lawsuits
If the State of Oklahoma lacked jurisdiction to prosecute Indians for crimes alleged to have occurred on tribal reservation land (now considered to include nearly half the State of Oklahoma), what about the those wrongfully prosecuted and held and those required to pay fines and costs that the State had no authority to collect? That […] Read more »Is the Timing of Obtaining Tribal Membership Relevant to Jurisdiction?
Some prosecutors are objecting to dismissals based on McGirt if the Defendant was not a tribal member on the date of the alleged offense. When determining who is an “Indian” under the relevant Federal law, is one born an Indian or does one only become an Indian when registering with the relevant tribe? Prosecutors are asserting the […] Read more »Can the Court Delay Dismissal to Allow Time for McGirt Charges in Tribal or Federal Court?
In the Travis Hogner case, mentioned in the article about McGirt Reservation Boundaries. (Oklahoma Court of Criminal Appeals F-2018-138), the Attorney General in its Supplemental Brief of Appellee After Remand nearly acknowledges that the State had no jurisdiction to prosecute and confine the defendant but states, “Should this Court find the defendant is entitle to relief […] Read more »Can Subject Matter Jurisdiction be Waived in McGirt Cases
In an attempt to avoid the overturning of thousands of unlawful convictions in Oklahoma courts, many prosecutors and the State Attorney General are asserting that lack of jurisdiction arguments were waived by the defendants not asserting it previously or that the doctrine of “Laches” prevents it from being heard now given the delay. However, Oklahoma […] Read more »Is There A Requisite Blood Quantum for McGirt Relief?
Prosecutors do not like dismissing cases or having convictions overturned, so there has been much incentive for creative arguments to get around the consequences of the McGirt ruling. One such argument is to decrease the number of people that qualify as “Indian” by requiring some specific quantum of Indian blood, irrespective of tribal membership. The authority cited […] Read more »
