The decision of McGirt v Oklahoma in 2020 has changed how the legal system in the state operates. Criminal jurisdiction and sovereignty were restored to Native American lands, which means they have the right to handle (most) criminal matters within the territory.
Before the Supreme Court ruling, some Native Americans were convicted of crimes at the state level. However, this has allowed some to have the decisions dismissed.
If you are a Native American charged with a crime by Oklahoma state court, it may be possible to have your case dismissed. We recommend working with our experienced Miami tribal law attorneys to protect your rights.
Impact of McGirt v Oklahoma
The McGirt v Oklahoma case represents a pivotal ruling by the United States Supreme Court (SCOTUS) with profound implications for Native American jurisdiction.
The Case Background
In this case, a Native American individual named McGirt faced conviction for crimes committed within the Muscogee (Creek) Nation’s tribal land. He argued that the state lacked jurisdiction over his case because the crimes occurred on Native land. Initially, in 2019, his appeal to the Oklahoma Court of Criminal Appeals was denied.
Appealing to the Highest Court
Undeterred, McGirt pursued his appeal to the United States Supreme Court, centering the discussion on whether state courts could legally assert authority over crimes committed by Native Americans on tribal lands.
The Supreme Court’s Landmark Ruling
The Supreme Court’s decision in McGirt was groundbreaking. It definitively clarified that state courts do not possess jurisdiction over crimes committed by Native Americans on tribal land. Since McGirt was a member of the Seminole Nation residing within the Muscogee (Creek) Nation, his case could not be tried in a state court.
However, it’s important to note that McGirt’s conviction was related to sex crimes against a minor, classified as a federal offense under the Major Crimes Act of 1885. Consequently, he was convicted and incarcerated for federal crimes. Native Americans cannot be charged with state crimes, but they can face federal charges.
The Implications of the Ruling
The McGirt v Oklahoma decision reaffirms the sovereignty of tribal lands and underscores that state courts cannot automatically assert jurisdiction over crimes committed within tribal territories. This ruling emphasizes the critical importance of comprehending and respecting tribal sovereignty and federal laws when dealing with cases involving Native American individuals and tribal lands.
Subsequent Developments Post-McGirt
The McGirt ruling, while significant, has seen modifications in its scope through subsequent developments.
Limitations on the Original Ruling
Subsequent to McGirt, the courts have begun to limit its reach. In Oklahoma v. Castro-Huerta, the Supreme Court ruled that a non-Native individual who commits a crime against a Native American can be prosecuted in a state court. This decision effectively restored state authority to address cases involving crimes against Native American victims on federally recognized tribal lands.
Retroactivity and Convictions
A significant challenge to the McGirt decision emerged in the Oklahoma Court of Criminal Appeals. It was ruled that McGirt’s precedent could not be applied retroactively. This means that convictions of Native Americans on tribal land that occurred before the McGirt decision cannot be retroactively overturned or vacated.
The Supreme Court later upheld this ruling in January 2022. Consequently, it has become considerably more challenging for individuals to appeal convictions if they were sentenced before the McGirt ruling.
The McGirt v Oklahoma Supreme Court decision has reshaped the legal landscape concerning Native American jurisdiction. While it clarified tribal sovereignty and federal jurisdiction, subsequent developments have introduced nuances to its application, impacting how crimes are prosecuted on tribal lands.
How Doney Law Can Assist You
Facing challenges related to tribal law can be daunting, but Doney Law is here to help. Our experienced team specializes in various aspects of tribal law, providing you with the support you need. Let’s explore how we can assist you with your unique needs.
Representation in Tribal Courts
Doney Law is your trusted representative in tribal courts. Whether you’re a tribal member, a tribal entity, or a non-member with legal matters involving tribal law, we have the expertise to navigate the complexities of tribal court proceedings on your behalf.
Dispute Resolution
We excel in resolving disputes between tribal members and non-members. Our goal is to find fair and equitable solutions that uphold your rights and protect your interests within the tribal context.
Expert Handling of Complexities
Inter-jurisdictional issues often arise in tribal law due to overlapping authorities of tribal, federal, and state governments. Our team is adept at navigating these complexities, ensuring that your legal matters receive the utmost care and competence.
Doney Law Can Assist with Tribal Law Matters Post-McGirt
At Doney Law in Miami, Oklahoma, we are well-equipped to handle tribal law matters, especially in the aftermath of the Supreme Court McGirt ruling. Whether you’re dealing with a complex legal issue or seeking guidance on tribal governance in this new legal landscape, our Miami tribal law lawyers are here to support you at every step.
If you’re looking for a tribal law attorney in Miami, Oklahoma, who can navigate the complexities of the Supreme Court McGirt ruling, look no further than Doney Law. Contact us today to learn more about how we can serve you. Together, we can ensure your rights are protected and your voice is heard in this evolving legal environment.
