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What is McGirt?

McGirt v Oklahoma is basically a landmark the United States Supreme Court case. This was the case that was decide on July 9th, 2020. The defendant, in this case, Jimmy McGirt was accuse of sexual abuse and abusive sexual contact. In 1996, Jimmy McGirt was on trial in Oklahoma. However, in the year 1997, he was convict in Wagoner County and was also sentence to 500-year sentences along with life without parole.

Probing further, in the years ahead he appeals his conviction and claims that he was a member of the Seminole Nation. He says the crime took place in Muscogee (Creek) reservation whereas jurisdiction got lack in the State of Oklahoma. Due to all this, his appeal went to The United States Supreme Court. In the Supreme Court of the United States, five out of nine judges were on his side and said that he is not wrong. The judges taking his side claims that Muscogee (Creek) Nation Reservation never disestablished. However, Oklahoma didn’t have the jurisdiction for prosecuting his crimes.

Due to which under the Major Crimes Act of 1885, they considered this to be a severe crime and they need to be tried federally. On August 18th, 2020 the District Court in the United States for Eastern District of Oklahoma’s federal grand jury indicted McGirt for around three major sexual crimes. Later in November, he was found guilty in around three courts. Therefore, after all this, he was sentence to 90 years in federal prison with around $750,000 of possible fine.

What is the meaning of McGirt?

McGirt v Oklahoma is consider to be one of the most important cases that set precedent for crimes commit by or against the tribal and Indian land. This McGirt decision applies to the Five Civilized Tribes that are (Muscogee (Creek), Seminole, Cherokee, Choctaw, and Chickasaw). Along with all, these Oklahoma tribes were determine to never have been disestablished.

While this all affects, how future crimes are going to try, it has also been applied retroactively. Just because of Subject Matter Jurisdiction, Oklahoma is never having the right to handle crimes commit related either to land or any other thing against Indian and tribal people. Therefore, this means that anyone who has been convict of such a crime in Oklahoma can file an appeal to have their conviction vacated. Both misdemeanors and felonies can do this.

In conclusion, if you have been charged with a crime in Oklahoma. But believe that McGirt applies to your case then you are request to contact down federal defense attorney. This is because Ted Hasse is having plenty of experience regarding all this. So, he can help you out in determining whether your case qualifies for an appeal because of McGirt or not.

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