The Oklahoma Court of Criminal Appeals has ruled that the Supreme Court’s McGirt ruling does not apply retroactively to convictions that were final when the initial ruling was decided.
This means that the state would no longer have to re-try the cases impacted by the Supreme Court’s decision.
The Cherokee Nation and Choctaw Nation both released statements in response to the ruling, below.
“Today’s OCCA decision examines legal questions regarding the status of past criminal convictions, and has affirmed the legal status of the Cherokee Nation’s Reservation, and that of the Choctaw Nation and Chickasaw Nation. As Oklahoma’s governor rushes forward in an attempt to convince the Supreme Court to reverse last year’s decision and break treaties and promises, Oklahoma’s courts continue to work through the legal issues as they arise. The Cherokee Nation will continue to work with federal, state, and local law enforcement to do the same.”
- Cherokee Nation Attorney General Sara Hill
“The U.S. Supreme Court ruling in McGirt was an important defense of tribal sovereignty and a reminder the federal government must honor its treaties. As we have said from the start – and as today’s ruling confirms – it did not mean convicted criminals would immediately be released, as some have claimed. All Five Tribes wrote in support of this decision, and we are pleased by the ruling. Most importantly, this is a positive result for the victims of crimes and their families, because in many cases it means they will avoid being re-victimized by new trials. We remain committed to prosecuting people who commit crimes on Indian land.”
- Choctaw Nation of Oklahoma
You can read the full court document online.
>>>Oklahoma AG calls on Supreme Court to overturn McGirt decision
>>>Community forum to discuss impact of McGirt ruling draws criticism
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