Hi, I’m Oklahoma lawyer Ted Hasse. The McGirt vs. Oklahoma case is a significant ruling by the Supreme Court that found the Muscogee Creek Nation Indian Reservation, and several other reservations had not been disestablished in eastern Oklahoma. This ruling has changed the criminal jurisdiction of Native Americans and crimes involving Native American victims in the region.
Current Status of the Case
Recently, the Supreme Court agreed to hear a case called Castro Huerta, where the state of Oklahoma is seeking to challenge the McGirt ruling. One of the questions being considered is whether the state can bring charges against non-Native Americans if the alleged victim is Native American. If the court rules in favor of the state, it would somewhat restore the jurisdictional situation pre-McGirt for non-Native Americans involved in crimes against Native Americans, although the federal government could still prosecute them.
Predictions for the Future
It is difficult to predict how the court will rule in the Castro Huerta case. However, the fact that the cert was granted indicates that at least four justices are inclined to provide some clarification or ruling on the matter. The composition of the court has changed since the McGirt ruling, adding more uncertainty to the outcome. It is important to note that despite the noise from Oklahoma and certain counties, the Supreme Court is unlikely to overturn the McGirt ruling as a whole.
Need Legal Assistance?
If you are facing a federal criminal investigation or have been indicted, it is crucial to seek legal representation. Contact me, Ted Hasse, a Muscogee criminal defense tribal court attorney, for a free consultation. Retained counsel can help navigate the complexities of your case and protect your rights. Reach out to me at muscogee.tribalcourtattorney.com.