Skip to main content

No. 18-9526October Term 2019Decided Jul 9, 2020

Docket 18-9526October Term 2019 (2019–2020)

McGirt v. Oklahoma

An enrolled tribal member convicted in Oklahoma argued that the state had no power to prosecute him because his crimes occurred within the historic Muscogee (Creek) Reservation, where the federal government has exclusive authority over certain major crimes involving Native Americans.

Case status

Current stage
Decided
Latest event
Decision released Jul 9, 2020
Case Accepted
Arguments
Decision ReleasedJul 9, 2020
What it's about

An enrolled tribal member convicted in Oklahoma argued that the state had no power to prosecute him because his crimes occurred within the historic Muscogee (Creek) Reservation, where the federal government has exclusive authority over certain major crimes involving Native Americans. The case turned on whether that reservation still legally exists as "Indian country" under federal law.

Question presented

WHETHER OKLAHOMA COURTS CAN CONTINUE TO UNLAWFULLY EXERCISE, UNDER STATE LAW, CRIMINAL JURISDICTION AS"JUSTICIABLE MATTER" IN INDIAN COUNTRY OVER INDIANS ACCUSED OF MAJOR CRIMES ENUMERATED UNDER THE INDIAN MAJOR CRIMES ACT-WHICH ARE UNDER EXCLUSIVE FEDERAL JURISDICTION?

Case path

Court of Criminal Appeals of Oklahoma / Decision released Jul 9, 2020

Area

Decided Supreme Court case

Timing

Decided July 9, 2020

The Court released its decision on July 9, 2020 without hearing oral argument.