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The 2020 Supreme Court ruling concluded that, since Congress had never removed the Muscogee Nation reservation, it still existed for purposes of criminal jurisdiction when a victim or suspect of a crime was an Indian. America and that the crime was committed within the Muscogee Reserve. The decision was broadened to include reserves from the Cherokee, Chickasaw, Choctaw and Seminole Nations.
The boy who was killed was a member of the Cherokee Nation and the death occurred on the Muscogee Nation reserve.
In its 3-1 Written Opinion, the court recognizes “the exceptionally harsh impact today’s ruling will have on the victim’s surviving family and friends, not to mention the community where these crimes were committed. . “
In spite of this, specifies the judgment, “we have no choice but to apply the federal law in force”. The court added: “The case is simply out of our hands after McGirt.”
The ruling provides for the possibility that Roth could be released from prison earlier when the appeals court lifts its grip on the ruling after 20 days.
The Oklahoma Court of Criminal Appeals typically held decisions for 20 days to give federal authorities time to seek an indictment.
But that may not apply in the case of Roth.
“The record shows that there is a serious question whether this case will be pursued in federal court,” the ruling said, noting that the district attorney involved in the appeal raised the possibility that the federal statute of limitations is long overdue.
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