Stigler, OK asked in Criminal Law and Native American Law for Oklahoma

Q: can Title 22. Criminal Procedure §22-445. Transfer to county of proper venue be used when dealing with a Native American

1 Lawyer Answer
Brian Boeheim
Brian Boeheim
Answered
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: Subject Matter Jurisdiction issues are being argued based on McGirt and Murphy cases in Oklahoma. You need to be on a role and have a CBID card that shows you have a blood quantum. Further the crime must have occurred on Muskogee/Creek territory. I believe there has just been a ruling regarding Choctaw as well.

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