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The US Supreme Court Wednesday ruled that the state of Oklahoma can prosecute non-Native Americans who commit crimes against Native Americans on tribal territory. Castro-Huerta appealed the ruling to the Oklahoma Court of Criminal Appeals, which vacated his conviction as a result of McGirt.
Share A sad story involving child neglect has become the subject of a Supreme Court case — and white-hot political rhetoric — because the crime occurred on the reservation of the Cherokee Nation of Oklahoma and the victim (but, crucially, not the defendant) is a citizen of the Eastern Band of Cherokee Indians. The case, Oklahoma v.
Share At the last Supreme Court oral argument of Justice Stephen Breyer’s career, the court stepped into a dispute over the state of Oklahoma’scriminal jurisdiction authority in Indian country. Oklahoma v. Oklahoma , which reaffirmed that the reservation of the Muscogee (Creek) Nation within Oklahoma remains “Indian country.”
Now there is another equally troubling case out of Oklahoma , though the criminal charges should be less controversial. Year ago, we discussed the controversial case of Michele Carter, a teenager convicted of murder after encouraging a friend to commit suicide. The case raised difficult free speech questions.
There is a no stand-your-ground case out of Oklahoma where Alexander Feaster, 46 is claiming that he shot Kyndal McVey, 27, in the back while she ran away as an act of self-defense. Feaster (an Air Force veteran) said that he was ready with his AR-15 rifle after being warned by a neighbor of a “plot” by “antifa activists.”
According to law professors Guha Krishnamurthi of the University of Oklahoma College of law and Peter Salib of the University of Houston Law Center, this public concern is warranted. Guha Krishnamurthi is an Associate Professor of Law at the University of Oklahoma College of Law.
We often discuss criminal and civil cases that take a turn for the bizarre. An Oklahoma case is such a standout after Tulsa police cited a curious identification element in the arrest of Sharon Carr: “Cheeto dust” found in her teeth. A woman had fled a home after a burglary but left a bottle of water and an open bag of Cheetos.
The Supreme Court has ruled 5-4 that Oklahoma can prosecute non-Native Americans in Indian Country, countering a previous 2020 decision recognizing nearly half of the state as a reservation, reports the Wall Street Journal. That authority belongs to the federal government and, typically for more minor offenses, tribal courts.
Criminallaw We are now in the home stretch. Justin Sneed murdered Barry Van Treese, owner of an Oklahoma City motel, in one of the guest rooms. Oklahoma (resulting from Glossip’s fourth and fifth applications to that court for post-conviction relief), Glossip now seeks relief from the Supreme Court.
Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. ” The Oklahoma Supreme Court last week struck down a $465 million opioid award against Johnson & Johnson based on a legal theory that has previously been tried and failed against guns.
Aguilar was arrested for DUI in Oklahoma and reportedly told police, repeatedly, that it is all right because she “does this all the time.” The ban of the existence of defense lawyers are clients who use arrests to make incriminating statements but few get to the level of Perla Aguilar, 27. She was arrested around 4:30 a.m.
Justice Clarence Thomas asked whether CFR courts, if federal rather than tribal, were ultimately Article I courts, potentially raising the issue of their authority to enforce criminallaw (but perhaps not raising a double jeopardy issue).
Oklahoma cases as a single case — that I have to be extremely summary. Oklahoma that Congress had not clearly disestablished a Creek Nation reservation covering much of eastern Oklahoma, and thus the area remained Native American territory for the purposes of a federal criminallaw, eliminating the state’s ability to prosecute crimes there.
The justices could still take up those cases later, but their failure to do so on Friday means that even if they do, they are unlikely to hear oral arguments until the 2022-23 term.
The case highlights the problem with criminalized negligence standards, particularly in these weapon confusion cases. The question is whether justice is truly served by applying criminallaws to acts of negligence by officers in these cases. There is a tendency to treat criminallaw as the only way to address fatal tragedies.
District Judge Patrick Wyrick in Oklahoma City dismissed an indictment against Jared Michael Harrison for violating a federal law that makes it illegal for “unlawful users or addicts of controlled substances” to possess firearms. Under 18 U.S.C. §
Her commitment to textualism, judicial restraint, and deference to Congresss intent shapes her approach to statutory cases, where she generally resists expansive interpretations and favors narrow readings of the law as written. This reflects a more moderate concern for the balance between law enforcement and individual rights.
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