Muscogee (Creek) Reservation Boundaries at Issue in Tenth Circuit Death Penalty Habeas Appeal

A member of the Muscogee (Creek) Nation has challenged his death penalty conviction by the State of Oklahoma on grounds that the state lacked jurisdiction because the alleged crime occurred within the boundaries of the Muscogee (Creek) Nation’s historic reservation.  A federal district court denied the petition, finding that the reservation had been disestablished.  The Muscogee (Creek) Nation and the Seminole Nation of Oklahoma filed an amicus brief in the Tenth Circuit, arguing that under the Supreme Court’s recent decision in Nebraska v. Parker, the Creek reservation’s boundaries remain intact.

Appellant’s Brief Murphy v Royal;

Brief Amicus Curiae Murphy v Royal.