Oklahoma Court Of Criminal Appeals Rules That McGirt Decision Does Not Apply To Past Convictions

The Oklahoma Criminal Court of Appeals ruled 4-0 on Thursday that last year’s Tribal Court ruling on tribal jurisdiction did not apply to past convictions.

The decision means thousands of cases will no longer have to be retried in federal or tribal courts and victims will not have to go through legal proceedings again.

Oklahoma prosecutors said the new decision will be of great benefit to crime victims.

Since the McGirt v Oklahoma ruling, courts in eastern Oklahoma have dismissed thousands of cases. Wagoner County Attorney Jack Thorp said it forced victims to relive the pain of old wounds.

“You had to start over,” said Thorp. “And when I met with them, they were heartbroken at the idea of ​​going through the criminal justice system again.”

Rogers County Attorney Matt Ballard said Thursday’s appeals court ruling is undoing that.

“I had a conversation with a victim whose mother was killed many years ago and she was crying,” Ballard said. “She was very happy when I broke the news that it looked like the conviction of her mother’s murderer would stand.”

The McGirt ruling continues to apply to all new cases that have surfaced in the past year.

Cherokee Nation attorney general Sara Hill said in a statement the decision confirms the nations legal status and they will continue to work with law enforcement at the federal and state levels.

Thorp said the move relieved a judicial system that was overloaded with previous cases.

“Now that you can only focus on these modern cases, you don’t have to dig up the old cases and try to rebuild them to try again,” Thorp said.

Tulsa District Assistant Attorney Erik Grayless said the appeals court’s decision will bring previous convicted criminals to justice, but the future is still unclear.

“This decision has been great for criminal security as we move forward. But there are a lot of unanswered questions,” he said.

For example, the U.S. Attorney’s Office in Oklahoma said it is reviewing how the ruling will affect previous cases that have already received their offices.

The Ministry of Justice responded as follows:

This morning the Oklahoma Court of Appeals passed its ruling in State ex rel. Matloff v Wallace, who holds the United States Supreme Court ruling in McGirt v Oklahoma, is not retroactive. The US Attorney’s offices in Oklahoma are reviewing today’s OCCA statement and assessing its potential impact on cases previously referred to the United States for potential criminal prosecution by the federal department, ”said acting US attorneys Christopher Wilson, Clint Johnson and Robert Troester. “In the meantime, our offices will continue to focus on our mission to maintain public safety and hold defendants accountable for their criminal acts.”

The Cherokee Nation attorney general also made a statement stating:

“Today’s OCCA decision examines legal issues related to the status of previous criminal convictions and has confirmed the legal status of the Cherokee Nation Reservation, Choctaw Nation and Chickasaw Nation to reverse last year’s decision and treaties and breaking promises, the Oklahoma Courts continue to work on the legal issues that arise.

Oklahoma Attorney General John O’Connor made a statement stating:

“This is a major victory for the people of Oklahoma. I commend the judges who voted in accordance with our position, ”said Attorney General O’Connor. “There are thousands of cases that would have to be renegotiated if the state lost this case. In many of these cases, the crimes were committed long ago. Witnesses can be gone. Evidence can be lost. A renewed prosecution can be statute-barred by limitation periods. That is why I appreciate the judges who advocated the rule of law and the protection of victims who would have fallen victim again in another trial and might have fallen victim again if their perpetrator was released. “” This is a day on justice has been restored to some of the victims. We are all safer because a significant number of offenders will remain behind bars. Make no mistake, McGirt will continue to have disastrous effects across the state despite this latest ruling. But today is still an important victory for the people of Oklahoma. “

Oklahoma Governor Kevin Stitt issued a response in which he said:

“Today is a great win for crime victims and public safety in Oklahoma. I am pleased that the Court has agreed that applying McGirt retrospectively to tens of thousands of cases would unnecessarily traumatize victims and allow dangerous criminals to slip through the cracks. Although today’s ruling is a significant step forward, McGirt still presents major challenges that threaten the future of Oklahoma. I will continue to work to protect the sovereignty of the state and ensure the same legal protection for all 4 million Oklahoma people. “

Cherokee Nation Attorney General Sara Hill said the following about the verdict:

“Today’s OCCA decision examines legal issues related to the status of previous criminal convictions and has confirmed the legal status of the Cherokee Nation Reservation, Choctaw Nation and Chickasaw Nation to reverse last year’s decision and treaties and breaking promises, the Oklahoma Courts continue to work on the legal issues that arise.

The Choctaw Nation issued the following statement:

“The McGirt Supreme Court ruling was an important defense of tribal sovereignty and a warning that the federal government must honor its treaties. As we said from the start – and as today’s verdict confirms – this did not mean that convicted criminals would be released immediately, as some claimed. All Five Tribes have supported this decision in writing and we are happy about the verdict. This is a positive result especially for the victims of crime and their families, as in many cases they avoid falling victim again in new trials. We remain committed to prosecuting people who commit crimes on Indian land. “

This story is part of a collaborative effort by the Oklahoma Media Center to show how the landmark McGirt decision against Oklahoma will affect both indigenous and non-indigenous residents of the state.

It is a project of the Local Media Foundation with support from the Inasmuch Foundation, the Walton Family Foundation and the Democracy Fund. Print, digital and broadcast media partners include: CNHI Oklahoma, Cherokee Phoenix, Curbside Chronicle, The Frontier, Gaylord News, Griffin Communications, KFOR, KGOU, KOSU, The Lawton Constitution, Moore Monthly, Mvskoke Media, the Native American Journalists Association, NonDoc, The O’Colly, Oklahoma City Free Press, The Oklahoma Eagle, Oklahoma Gazette, The Oklahoman, Oklahoma Watch, Osage News, StateImpact Oklahoma, Tulsa World, Telemundo Oklahoma, University of Oklahoma Student Media, and Verified News Network.