The Oklahoma Court of Criminal Appeals formally recognized the Cherokee and Chickasaw reservations on Thursday and ruled that the state of Oklahoma has no criminal jurisdiction in cases involving tribal members on those reservations (article available here).
An Oklahoma man’s murder convictions and death sentence have been overturned following the U.S. Supreme Court ruling in McGirt v. Oklahoma that much of eastern Oklahoma remains an American Indian reservation. Previous coverage available here and here.
The Oklahoma Court of Criminal Appeals on Thursday reversed the decisions against Shaun Bosse, 38, because the crimes occurred on land within the Chickasaw Nation's historic reservation and the victims were Native American. “The federal government, not the state of Oklahoma, has jurisdiction to prosecute (Bosse),” the court said. Therefore, Oklahoma prosecutors lack the authority to pursue criminal charges for crimes committed on tribal reservations in which the defendants or the victims are tribal citizens. Bosse's case could now be retried in federal criminal court. The rulings have been expected since the McGirt decision and represents a huge step in transforming criminal justice in eastern Oklahoma.
Although federal prosecutors have the authority to pursue the death penalty under certain circumstances, if the killing is determined to have occurred on tribal lands, the tribal nation must also agree to allow the death penalty. While some Oklahoma-based tribes have indicated they're considering that option, only one tribe — the Sac & Fox Nation of Oklahoma — has explicitly authorized the death penalty in federal cases.
Rulings regarding the Choctaw and Seminole reservations are expected soon and will complete the recognition process of the Five Tribes’ reservations.
Also referred to as the Five Civilized Tribes, the Cherokees, Chickasaws, Choctaws, Creeks and Seminoles were forcibly removed from their homes in Southern states in the 1830s and relocated to Indian Territory, what is now Oklahoma.
Their governments were weakened and authority diminished before Oklahoma became a state in 1907. However, the U.S. Supreme Court ruled in the McGirt case that the steps Congress took to diminish the reservations did not disestablish them.