@Niner
UPDATE: Gustus Pennington only
COURT MINUTE/ORDER OF 3-29-21
MOTION TO DISMISS
Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
Friday, April 9, 2021 at 9:30 AM
MCGIRT HEARING.
CF Docket A
McGirt v. Oklahoma – Frequently Asked Questions
1. What is the
McGirt case?
- This case began when a defendant challenged his criminal conviction by an Oklahoma court.
- The Native American defendant said the alleged crime happened in “Indian Country” and should have been tried in federal court under the Major Crimes Act.
- The core issue was whether Muscogee (Creek) Nation boundaries established by treaty were diminished or disestablished as a result of laws and policies leading up to Oklahoma Statehood.
- The Court ruled “Congress established a reservation for the Creek Nation.”
- The court further ruled that once those boundaries are established, Congress must act with clear intent to diminish or disestablish them.
- This decision upheld previous Supreme Court decisions that Congress alone has the power to change those boundaries.
- The Court ruled that Congress never acted to diminish or disestablish Creek Nation treaty-territory boundaries, so they remain intact.
- This decision impacts criminal jurisdiction within Creek Nation boundaries.
2. Why is this an important legal decision?
- This decision affirms previous Supreme Court decisions holding the federal government to its treaty promises.
- This ruling makes it clear that actions related to Oklahoma Statehood did not do away with the Creek Nation boundaries.
- This decision affirms the geographic boundaries that comprise an important element of tribal sovereignty.
- This decision confirms that Congress alone has the authority to disestablish boundaries established by treaty.
- This ruling reinforces the significant role Congress plays in federal Indian policy.
- Currently, this decision only applies to the Creek Nation. However, it will presumably be applied to each of the Five Tribes.
Gustus Pennington
Case No. CF-2020-164
Rogers County
https://www.oscn.net
Count # 1. Count as Filed: CHAB, CHILD ABUSE, in violation of
21 O.S. 843.5 (A)
Date of Offense: 02/22/2020
Count # 2. Count as Filed: CHAB, CHILD ABUSE, in violation of
21 O.S. 843.5 (A)
Date of Offense: 02/25/2020
Count # 3. Count as Filed: CHAB, CHILD ABUSE, in violation of
21 O.S. 843.5 (A)
Date of Offense: 02/26/2020
Count # 4. Count as Filed: CHAB, CHILD ABUSE, in violation of
21 O.S. 843.5 (A)
Date of Offense: 02/26/2020
Count # 5. Count as Filed: CHAB, CHILD ABUSE, in violation of
21 O.S. 843.5 (A)
Date of Offense: 02/27/2020
Count # 6. Count as Filed: CHN, CHILD NEGLECT, in violation of
21 O.S. 843.5 (C)
Date of Offense: 02/21/2020
Count # 7. Count as Filed: OPJ, CONSPIRACY, in violation of
21 O.S. 421
Date of Offense: 02/21/2020[/QUOTE]