Oklahoma City, OK asked in Criminal Law and Appeals / Appellate Law for Oklahoma

Q: When filing mcgirt case what all motions do I need to file?

I am filing pro SE and was told in order to have my case heard I needed to file another motion. What other motion?

1 Lawyer Answer
Tracy Tiernan
Tracy Tiernan
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: Essentially you are really just filling a single Motion to Dismiss and having the matter placed on the proper Judges Hearing docket to agree this issue. In your motion you would need to cite the McGirt Supreme Court decision, briefly discuss the case itself and hope it applies to your situation, and attach proof of your tribal affiliation as an Exhibit. Different courts/ Judges/ Counties often demand different supporting proof (some require only photocopy of tribal card while others demand a certified letter from the tribe and/or more) to achieve your hoped for end result of a dismissal for lack of jurisdiction by the State court, so an attorney is usually advisable to file everything properly and get the issue set on the proper McGirt hearing docket in the most expeditious manner possible.

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