Cherokee Nation Reservation Boundaries Case out of the Oklahoma Court of Last Resort

We also find this District Court appropriately applied McGirt to determine that Congress did establish a Cherokee Reservation and no evidence was presented showing that Congress explicitly erased or disestablished the boundaries of the Cherokee Reservation or that the State of Oklahoma had jurisdiction in this matter.

Hogner v. State of Oklahoma


Hogner Brief

State Brief

Hogner Supplemental Brief

State Supplemental Brief

Cherokee Nation Amicus Brief

Motions to Dismiss State Prosecutions under McGirt

A flurry of motions has come in. Here is the motion to dismiss a criminal complaint on the Cherokee reservation in State of Oklahoma v. Nichols (Tulsa County Dist. Ct.):

Nichols Brief

Here is the motion to dismiss in a case involving a Creek reservation crime where the defendant marked “I” on the racial identity box, State of Oklahoma v. Williams (Tulsa County Dist. Ct.):

Williams Brief

And here is the motion to dismiss in State of Oklahoma v. Shaffer (Tulsa County Dist. Ct.), where the defendant was unenrolled at the time of the crime and is now seeking enrollment at Cherokee:

Shaffer Brief