The Supreme Court announced Jan. 21 that it would consider whether its 2020 decision expanding tribal authority in Oklahoma should cancel out a non-Indian man’s conviction for abusing his part-Indian stepchild. The high court will consider whether states may prosecute non-Indians for crimes against Indians on Indian reservations but specifically refused to reconsider its 2020 ruling in McGirt v. Oklahoma, which stripped Oklahoma courts of the ability to hear criminal cases against Native Americans for crimes taking place on Indian lands. The case, an appeal from the Court of Criminal Appeals of Oklahoma, is Oklahoma v. Castro-Huerta, court file 21-429. The Jan. 21 order (pdf) was unsigned and did not provide reasons for the decision to hear the case, in accordance with the high court’s usual practice. In McGirt v. Oklahoma, the Supreme Court ruled 5-4 on July 9, 2020, that most of eastern Oklahoma and some of the central …
Supreme Court Agrees to Consider If States Can Prosecute Non-Indians for Crimes on Indian Land
January 21, 2022
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