Supreme Court says eastern half of Oklahoma is Native American land

[Spaztecs]

https://www.cnbc.com/2020/07/09/supreme-court-says-eastern-half-of-oklahoma-is-native-american-land.html

 

• The Supreme Court ruled that a huge swath of the state of Oklahoma is Native American land for certain purposes, siding with a Creek Nation man who challenged his conviction by state authorities in the territory. 
• The 5-4 decision was authored by Justice Neil Gorsuch. 
• The case sprang from the conviction of Creek member Jimmy McGirt, who was convicted by an Oklahoma court of raping a four-year-old child on land whose ownership was in dispute in the case.

 

I know nothing of the particular case of Jimmy McGrit, but damn, this seems to open the legal doors for a Native Revolt.

[soupslam1]

6 minutes ago, Spaztecs said:

https://www.cnbc.com/2020/07/09/supreme-court-says-eastern-half-of-oklahoma-is-native-american-land.html

 

• The Supreme Court ruled that a huge swath of the state of Oklahoma is Native American land for certain purposes, siding with a Creek Nation man who challenged his conviction by state authorities in the territory. 
• The 5-4 decision was authored by Justice Neil Gorsuch. 
• The case sprang from the conviction of Creek member Jimmy McGirt, who was convicted by an Oklahoma court of raping a four-year-old child on land whose ownership was in dispute in the case.

 

I know nothing of the particular case of Jimmy McGrit, but damn, this seems to open the legal doors for a Native Revolt.

On the down side overturning the conviction of raping a four year old really sucks. Hopefully the feds will prosecute although double jeopardy may get in their way. If this dude skates the Supreme Court is going to have a huge black mark on their record. 

[SalinasSpartan]

nice

[brillio]

5 minutes ago, SalinasSpartan said:

nice

You like child rapists getting off? 

[Slapdad]

11 minutes ago, soupslam1 said:

On the down side overturning the conviction of raping a four year old really sucks. Hopefully the feds will prosecute although double jeopardy may get in their way. If this dude skates the Supreme Court is going to have a huge black mark on their record. 

Yes, that's a savvy move by the legal team representing that POS (a convicted murderer also had his conviction overturned), but both will be prosecuted by the federal government now. 

 

 

[Slapdad]

1 minute ago, brillio said:

You like child rapists getting off? 

So to speak.

[youngredbullfan]

This is good.

 

The pedo was just an avatar for indigenous rights. Now the feds should prosecute him. 

[toonkee]

Man, that's some A1 level lawyering right there.

My man took the "this isn't even the USA" defense to the supreme court and won!

Holy sh#tballs.  

I dunno guys, those sovereign citizens might get their day.

We are in the midst of the great reckoning.

[toonkee]

 

[thelawlorfaithful]

31 minutes ago, toonkee said:

Man, that's some A1 level lawyering right there.

My man took the "this isn't even the USA" defense to the supreme court and won!

Holy sh#tballs.  

I dunno guys, those sovereign citizens might get their day.

We are in the midst of the great reckoning.

He took the this isn’t Oklahoma defense and won, not the USA. It’s going to be messy, but this could be a good thing. 

[toonkee]

1 minute ago, thelawlorfaithful said:

He took the this isn’t Oklahoma defense and won, not the USA. It’s going to be messy, but this could be a good thing. 

Sigh, yes, that is more accurate.

Dick.  

[bsu_alum9]

2 hours ago, brillio said:

You like child rapists getting off? 

Quote

 

The ruling in the case of convicted child rapist Jimcy McGirt, and in a related one Thursday by the Supreme Court involving another Muscogee Nation member, convicted murderer Patrick Murphy, overturns their convictions on state charges. Murphy was sentenced to death.

However, both men can now be prosecuted for the crimes by federal authorities, according to a lawyer for the tribe.

 

 

[soupslam1]

2 hours ago, toonkee said:

Man, that's some A1 level lawyering right there.

My man took the "this isn't even the USA" defense to the supreme court and won!

Holy sh#tballs.  

I dunno guys, those sovereign citizens might get their day.

We are in the midst of the great reckoning.

Let’s hope they aren’t at the A1 level when it gets to federal court. 

[Spaztecs]

2 hours ago, thelawlorfaithful said:

He took the this isn’t Oklahoma defense and won, not the USA. It’s going to be messy, but this could be a good thing. 

How so ?

A scum sucking pedo rapist gets off. How is this a good thing ?

[renoskier]

6 hours ago, Spaztecs said:

How so ?

A scum sucking pedo rapist gets off. How is this a good thing ?

no he doesn't

[thelawlorfaithful]

11 hours ago, Spaztecs said:

How so ?

A scum sucking pedo rapist gets off. How is this a good thing ?

That is incidental to the ruling. McGirt will either be tried by federal prosecutors or not pursued after spending more than 20 years behind bars, that’s up to them.

What happened here was Gorsuch, with the liberals agreeing, repudiated long standing law based on old legislation that violated treaties of the US with native peoples. A part of Oklahoma, including a major city, no longer falls under state law for native Americans.

I don’t know the specifics down there, but where I’m from tribal police work closely with the state about everything. This ruling gives them more authority than ever before, in one place, that could lead to some positives for native peoples. Then again, it could all go to hell as well.

But it does not sit comfortably with the court majority, and Gorsuch ain’t going anywhere, with the history of our treaty system with the Indians. They’ve left the door open for Congress to pass new legislation to affirm their rights over those old treaties, but it’s clear for now that the old legislation won’t stand very well. We’ll see how the experiment plays out.

[Spaztecs]

The ruling has a number of significant consequences for criminal law in the relevant portion of Oklahoma.

The first is that going forward, certain major crimes committed within the boundaries of reservations must be prosecuted in federal court rather than state court, if a Native American is involved. So if a Native American is accused of a major crime in downtown Tulsa, the federal government rather than the state government will prosecute it. Less serious crimes involving Native Americans on American Indian land will be handled in tribal courts. This arrangement is already common in Western states like Arizona, New Mexico and Montana, said Washburn.

Then there's the issue of past decisions — many of them are now considered wrongful convictions because the state lacked jurisdiction. A number of criminal defendants who have been convicted in the past will now have grounds to challenge their convictions, arguing that the state never had jurisdiction to try them.

https://www.npr.org/2020/07/09/889562040/supreme-court-rules-that-about-half-of-oklahoma-is-indian-land

Sorry NPR haters but this was the most comprehensive article I have come across 

[RSF]

WHY ARE YOU SHOUTING???

[Spaztecs]

53 minutes ago, RSF said:

WHY ARE YOU SHOUTING???

That's how it copy and pasted. 

No offense or rudeness intended.

Fixed it