On July 9, the Supreme Court handed down its opinion in McGirt v. Oklahoma. Jimcy McGirt sought post-conviction relief of three major sexual assault convictions, arguing his crimes occurred in Indian Country and thus were subject to the Indian Major Crimes Act. If that law applies, Mr. McGirt’s crimes should have been prosecuted in federal, rather than state court.
The Supreme Court ruled in favor of McGirt, holding that land in northeastern Oklahoma--reserved for the Creek Nation since the 19th century-- remains a reservation in accordance with a federal statute that gives the federal government jurisdiction to try certain major crimes committed by Indians in Indian country. Therefore, Oklahoma state courts did not have jurisdiction to convict Mr. McGirt.
To discuss this case and its implications, we have Andy Lester, partner at Spencer Fane LLP.