Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court on Friday agreed to consider limiting the scope of its own 2020 ruling https://www.reuters.com/article/us-usa-court-oklahoma/u-s-supreme-court-deems-half-of-oklahoma-a-native-american-reservation-idUSKBN24A268 that greatly expanded Native American tribal authority in Oklahoma in a case involving a man convicted of child neglect.

In a case that involved Victor Castro-Huerta (a non-Native American) who was convicted of a crime against a Cherokee Nation child, the justices accepted the appeal. His conviction was overturned by a state court, who argued that Castro-Huerta’s Supreme Court 2020 decision deprived Oklahoma authorities’ jurisdiction.

In a case called McGirt, Oklahoma in 2020 recognized approximately half of Oklahoma (some of the eastern portion of the state) as Native American Reservation land that was not under the control of state authorities.

Oklahoma requested that the Supreme Court overturn McGirt’s ruling, but it was denied. Oklahoma asked for the supreme court to declare that Native Americans who are convicted of crimes on Native American land and against Native Americans must remain within state jurisdiction.

In 2021, the Oklahoma Court of Criminal Appeals tossed Castro-Huerta’s state-court conviction. Castro-Huerta had been indicted earlier for the same crime by federal authorities. Castro-Huerta was then transferred from state to Federal custody and pleaded guilty on one count child neglect. He is still not sentenced.

Castro-Huerta was convicted in the state court of neglecting his five-year-old stepdaughter, who suffers from cerebral palsy. His sentence was 35 years.

Republican Oklahoma Attorney General John O’Connor is trying to restrict the Supreme Court’s 2020 decision that deprived state authorities of oversight over hundreds of tribal-related crimes. Still being tested are the parameters of this decision.

A court filing by the Cherokee Nation urging Oklahoma’s justices not be heard, dismissed the suggestion of the state that the McGirt decision had caused legal chaos. Lawyers for the tribe wrote that the tribe had reached agreements with Oklahoma counties regarding law enforcement cooperation. Since the McGirt decision, it has filed more than 2,000 criminal cases.

Oklahoma’s Republican leaders are furious over the McGirt ruling. The decision was made with a 5-4 vote. Conservative Justice Neil Gorsuch joined four liberal justices. The court moved in the opposite direction, and conservative Justice Amy Coney Barrett replaced the late liberal justice Ruth Bader Ginsburg. This left a conservative majority with 6-3.

Tribal members accused of crimes committed on tribal land are not subject to prosecution in the state court system. Instead, they face federal and tribal charges.

This case will be heard by the Supreme Court in April. The Supreme Court should rule before June.