McGrit Vs Oklahoma

UNCjigga

Lifer
Dec 12, 2000
25,703
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This should open up numerous other cases around the country

Ted Cruz was losing it on Twitter (wrong state bro!)

Not sure what implications this will have beyond Oklahoma though—as I understand it (limited) there is a unique set of circumstances surrounding federal treaty law as it applied to Oklahoma and how settlers openly violated the treaty. I don’t think those same circumstances will apply to every treaty this country or preceding colonies ever signed with the Indians going back to Plymouth Rock.
 
Dec 10, 2005
29,614
15,172
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Ted Cruz was losing it on Twitter (wrong state bro!)

Not sure what implications this will have beyond Oklahoma though—as I understand it (limited) there is a unique set of circumstances surrounding federal treaty law as it applied to Oklahoma and how settlers openly violated the treaty. I don’t think those same circumstances will apply to every treaty this country or preceding colonies ever signed with the Indians going back to Plymouth Rock.
From the ruling, it's also seems like it will have to be evaluated on a treaty by treaty basis.
 

FaaR

Golden Member
Dec 28, 2007
1,056
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Ted Cruz was losing it on Twitter (wrong state bro!)
The bigger problem is if some gunhumping RWNJs lose it and start shooting at native americans... I'm sure they're already raging and frothing at the mouth over doing that at their usual watering holes on the internet.
 
Nov 17, 2019
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So, all in all, was there a point?


"OKLAHOMA CITY (AP) — An Oklahoma death row inmate whose legal challenge led to a historic U.S. Supreme Court ruling on tribal sovereignty has been convicted of murder and kidnapping in federal court.

A federal jury in Muskogee on Thursday found Patrick Murphy, 52, guilty in the 1999 killing of George Jacobs in McIntosh County in eastern Oklahoma. Murphy faces up to life in federal prison when he is formally sentenced, but will avoid the death penalty.

A citizen of the Muscogee Nation, Murphy originally was convicted in state court and sentenced to die. But he challenged his conviction in federal court, arguing the state didn’t have jurisdiction to prosecute him since he was a tribal citizen and the killing happened within the boundaries of the Muscogee Nation reservation.

“I am thankful Patrick Murphy has been held accountable for the vicious killing of George Jacobs,” acting U.S. Attorney Christopher Wilson said in a statement. “Justice was interrupted for a period of time due to the jurisdictional challenges raised by the defendant, but justice was not thwarted.""




 

hal2kilo

Lifer
Feb 24, 2009
26,519
12,629
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This should open up numerous other cases around the country
That's what you get when you sign treaties you never were going to honor in the first place. Well played.

Similar to the rulings on fishing rights for tribal nations in WA state. You signed the damn treaties.
 
Last edited:
Dec 10, 2005
29,614
15,172
136
So, all in all, was there a point?


"OKLAHOMA CITY (AP) — An Oklahoma death row inmate whose legal challenge led to a historic U.S. Supreme Court ruling on tribal sovereignty has been convicted of murder and kidnapping in federal court.

A federal jury in Muskogee on Thursday found Patrick Murphy, 52, guilty in the 1999 killing of George Jacobs in McIntosh County in eastern Oklahoma. Murphy faces up to life in federal prison when he is formally sentenced, but will avoid the death penalty.

A citizen of the Muscogee Nation, Murphy originally was convicted in state court and sentenced to die. But he challenged his conviction in federal court, arguing the state didn’t have jurisdiction to prosecute him since he was a tribal citizen and the killing happened within the boundaries of the Muscogee Nation reservation.

“I am thankful Patrick Murphy has been held accountable for the vicious killing of George Jacobs,” acting U.S. Attorney Christopher Wilson said in a statement. “Justice was interrupted for a period of time due to the jurisdictional challenges raised by the defendant, but justice was not thwarted.""




Maybe not for this person with regards to the end result of a life sentence, but it certainly allows the tribe exercise their rights under the treaty we signed with them.
 

Amol S.

Platinum Member
Mar 14, 2015
2,587
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I'm pretty sure, based on the rationale for the decision, the OK AG is going to get a big fat nope.
OK AG's probable dumb response to the nope: "Oklahomans! The actions of the USSC is proof of socialism! The Dems are trying take away your land and give it back to the natives. Soon your houses will become tepees. If you want to stop this socialism vote Republicans in 22 and 24! "