McGirt
Does McGirt Precedent Apply to Municipal Courts?
On February 2, 2021, Judge McCune, the presiding judge for Tulsa Municipal Court, ruled that the City of Tulsa maintains jurisdiction over Indians who are alleged to have committed offenses within the boundaries of the City of Tulsa, irrespective of the McGirt holding. McCune found that Section 14 of the Curtis Act is still in full force […] Read more »Does the McGirt Precedent Apply to Misdemeanors?
The McGirt case specifically dealt with a crime enumerated under the Major Crimes Act (18 U.S.C. 1153) and committed within the historic Muscogee (Creek) Nation reservation. The Major Crimes Act provides that the prosecution of an Indian for a “major crime” occurring in Indian County is within the “exclusive jurisdiction of the United States.” (Emphasis added). It cannot […] Read more »Does Oklahoma Have Jurisdiction over Non-Indian Defendants with Indian Victims
No. If a crime occurs in “Indian Country,” and EITHER the defendant or the victim is an “Indian” then the State lacks jurisdiction to prosecute. The Oklahoma Court of Criminal Appeals articulated this as far back as 1989 in State v. Klindt, 1989 OK CR 75, which said in dicta, “the State of Oklahoma does not […] Read more »Does McGirt Apply to Tribes Outside of the Five Civilized Tribes
Yes, McGirt is Very Likely to Apply to at Least Some Tribes Outside of the Five Tribes The legal tests articulated in McGirt, and the cases cited therein, could be applied to the factual histories of other tribes, but because tribal histories can be quite unique, there is little reason to believe applying the same test […] Read more »To What Historic Reservation Boundaries Does the McGirt Precedent Apply?
Both McGirt and Murphy dealt with crimes alleged to have occurred within the historic boundaries of the Muscogee (Creek) Nation; however, the circumstances of that tribe’s land and treaties are almost identical to that of the other “Five Civilized Tribes.” Therefore, the Wirth Law Office has been advising from the beginning that the McGirt precedent […] Read more »Oklahoma Court of Criminal Appeals Shoots Down Prosecutors' Blood Quantum Argument in McGirt Case
The Muskogee Creek Nation was never disestablished and a good portion of Northeast Oklahoma is still reservation territory. Read more »Procedural Bars to McGirt Relief Fail at Oklahoma Court of Criminal Appeals
McGirt case dealt with the boundaries of the Muskogee Creek nation and how it was never disestablished, therefore it's still tribal land. Read more »Bosse: McGirt DOES Apply to Chickasaw Nation
So for anybody who is Native American, Indian, who has been charged or convicted, or has a pending case in any of those territories of historic boundaries of the Chickasaw Nation, they may be subject to dismissal. Read more »Hogner: McGirt DOES Apply to the Cherokee Nation Reservation!
The United States Supreme Court decision from July 9th of 2020 ruled that Muskogee Creek Tribal Reservation was never disestablished. Read more »Tulsa City Judge Rules McGirt Does Not Apply to Tulsa Municipal Court
McGirt Attorney, James Wirth, speaks on jurisdiction for crimes committed within the City of Tulsa limits by Native Americans. Read more »Does the McGirt Precedent Apply to Municipal Cases? Tulsa Says No!
United States Supreme Court that ruled the Muskogee Creek historic reservation boundaries were never disestablished. Read more »McGirt Class-Action Lawsuit Update: Dismissal Appealed
Oklahoma attorney James Wirth, speaks on the class-action lawsuit filed in Okmulgee County District Court, seeking compensation for fines and costs paid by Native Americans that were improperly prosecuted in state courts. Read more »Is There a Requisite Blood Quantum for McGirt Relief?
There is a certain level of Indian blood in order to qualify for relief under the United States Supreme court precedent in the McGirt case. Read more »McGirt: Can Subject Matter Jurisdiction Ever Be Waived?
United States Supreme Court decided that the historical boundaries of the Muscogee Creek Tribal Reservation were never disestablished. Read more »Does McGirt Apply to the Quapaw Nation?
So the Quapaw Nation is a very relatively small reservation. It's in Ottawa County, Oklahoma. And if that reservation is not disestablished. Read more »Can Oklahoma Prosecute Non-Indians for Crimes Against Indians in Indian Country?
The State of Oklahoma does not have jurisdiction over crimes committed by or against an Indian in Indian country Read more »Is the Timing of Tribal Membership Relevant to McGirt Claims?
The state's arguing, if they got the tribal membership later, then they're not an Indian at the time of the crime, the state had jurisdiction. However, there's a couple of issues with that. First off, this is a ninth circuit case, that is not precedent here in Oklahoma, because we're in the 10th circuit. And this hasn't been decided, apparently, by a higher court like the United States Supreme Court. Read more »Does the McGirt Precedent Apply to Misdemeanors?
The general consensus is the state lacks authority to charge Indians with crimes in Indian country regardless of whether it is a felony or a misdemeanor or a major crime or not a major crime. Read more »Does McGirt Apply to the Kiowa-Comanche-Apache (KCA) Reservation?
The McGirt case was decided by the United States Supreme Court. It decided that the Muscogee Creek Reservation was never disestablished. Read more »Does McGirt Apply to the Choctaw Nation? Has the Choctaw Reservation Been Disestablished?
The Choctaw Nation Reservation will be found to have not been disestablished and that that territory is still reservation land. Read more »Does McGirt Apply to the Chickasaw Nation? Was the Chickasaw Reservation Disestablished?
A lot of Northeast Oklahoma remains Indian territory where the state lacks jurisdiction to prosecute both Indians and crimes committed. Read more »Class-Action McGirt Lawsuit Dismissed (Okmulgee County: Muscogee (Creek) Reservation)
United States Supreme Court decided that the historic boundaries of the Muscogee Creek Nation were never disestablished, and because of that, states lack the authority to charge crimes against Native Americans in that original territory, which includes a good portion of Northeast Oklahoma. Read more »Does the McGirt Precedent Apply to the Ottawa Nation in Oklahoma?
So it's clear that the Ottawa Nation does have a historic reservation. It is within Ottawa County in the state of Oklahoma. Read more »Does the McGirt Precedent Apply Beyond the Five Civilized Tribes?
Does the McGirt precedent apply to tribes outside of the five civilized tribes? Tulsa criminal defense attorney James Wirth answers. Read more »Does the McGirt Precedent Apply to the Cherokee Nation?
The McGirt v Oklahoma decision from July 9th of 2020 decided the Muscogee Creek Nation historic tribal boundaries were never disestablished. Read more »
