New Word Order

Episode #40 "McGirt"

September 01, 2022 kurtis
New Word Order
Episode #40 "McGirt"
Show Notes

https://www.supremecourt.gov/opinions/19pdf/18-9526_9okb.pdf

"In 2020 the U.S. Supreme Court overturned the conviction of child rapist Jimcy McGirt on the grounds that the Creek Nation’s reservation was never disestablished for criminal jurisdiction. State courts no longer have the authority to prosecute crimes committed by or against Oklahomans who are also tribal members."



McGIRT v. OKLAHOMA
CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF

OKLAHOMA

No. 18–9526. Argued May 11, 2020—Decided July 9, 2020

The Major Crimes Act (MCA) provides that, within “the Indian country,” “[a]ny Indian who commits” certain enumerated offenses “shall be sub- ject to the same law and penalties as all other persons committing any of [those] offenses, within the exclusive jurisdiction of the United States.” 18 U. S. C. §1153(a). “Indian country” includes “all land within the limits of any Indian reservation under the jurisdiction of the United States Government.” §1151. Petitioner Jimcy McGirt was convicted by an Oklahoma state court of three serious sexual offenses. He unsuccessfully argued in state postconviction proceedings that the State lacked jurisdiction to prosecute him because he is an enrolled member of the Seminole Nation and his crimes took place on the Creek Reservation. He seeks a new trial, which, he contends, must take place in federal court.

UPDATE 2022 "McGirt"

The United States Supreme Court has limited the scope of its historic McGirt decision.

In a 5-4 vote, the high court ruled in Oklahoma v. Castro-Huerta that the state of Oklahoma has concurrent jurisdiction and the ability to prosecute non-Natives when the victim is Native and the crime is committed on tribal land.

https://www.ktoo.org/2022/07/01/us-supreme-court-limits-historic-mcgirt-ruling/