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Another Oklahoma criminal case has potential jurisdiction implications for the Muscogee (Creek) Nation and other tribes in the state. The U.S. Supreme Court agreed the hear the case involving a tribal member who asserts he should have been tried in federal court rather than state district court because the crime happened within historical Muscogee boundaries. A decision has potentially far-reaching implications. It’s the second challenge of a criminal conviction on similar grounds. Last summer, the High Court declined to issue a decision in another case of a Muscogee man arguing his death sentence is invalid because he was prosecuted in state court. Both cases hinge on the question of whether Congress adequately disestablished reservations in the state.
Guests:
Riyaz Kanji – partner at Kanji & Katzen
Mary Kathryn Nagle (citizen of the Cherokee Nation) – partner at Pipestem Law
Break 1 music: Tha Chosen One (song) Southern Style (artist) Blacked Out (album)
Break 2 music: Mt It (song) Mo-Town Singers (artist) Oneida Powwow: 40th Anniversary (album)