Tenth Circuit Decides Hooper v. City of Tulsa . . . Hooper 7, Tulsa 0

Here is the opinion in Hooper v. City of Tulsa.

Briefs here and here.

Substitute Hooper for Haley and Oklahoma for United States.

Tenth Circuit Rejects Habeas Petition from Prisoner Asserting McGirt-Type Claims

Here is the opinion in McGill v. Rankin.

Available brief here:

We don’t post many of these post-McGirt prisoner cases, but this is exemplary of the numerous rejected habeas petitions filed by prisoners claiming to be Indian and convicted of crimes inside of Indian country. This person was convicted of a crime in 2001. This was his fifth habeas petition, filed in 2023, and the first raising McGirt-related claims. This footnote is as close as these late habeas petitioners get to relief:

We note that another Oklahoma prisoner also successfully made the same argument as Mr. McGirt, which the Supreme Court recognized in its decision. See McGirt, 140 S. Ct. at 2460 (“While Oklahoma state courts have rejected any suggestion that the lands in question remain a reservation, the Tenth Circuit has reached the opposite conclusion.” (citing Murphy v. Royal, 875 F.3d 896, 907-09, 966 (10th Cir. 2017)). In Murphy, we issued a writ of habeas corpus after agreeing with the petitioner that he should not have been tried in state court but instead “should have been tried in federal court because he is an Indian and the offense occurred in Indian country.” 875 F.3d at 903.

It’s not much, eh? Remember Oklahoma in 2017-18?

Oklahoma’s cert petition in Royal v. Murphy (later Sharp v. Murphy).

Maybe yes (maybe?) on the pending prosecutions, but not so much the existing convictions, eh? Hmmmm.

Oklahoma SCT Briefs in Stroble v. Oklahoma Tax Commission

Here:

Yeah, I know, not a federal case.

Supplemental Briefs on Standing in Hooper v. Tulsa

Here:

Oral argument audio here.

Briefs here.

Jaune Smith

Oklahoma Court of Criminal Appeals Finds Ottawa and Miami Reservations Remain Extant

Here are the materials in State of Oklahoma v. Brester:

Seneca-Cayuga Sues Oklahoma Officials over Reservation Boundaries Post-McGirt

Here is the complaint in Seneca-Cayuga Nation v. Drummond (N.D. Okla.):

Maybe time for some burn barrel protesting.

Update: Here is the complaint in Eastern Shawnee Tribe v. Drummond:

Tenth Circuit Oral Argument Audio in Hooper v. City of Tulsa

Here.

Briefs here.

Teepee incense here:

Velchik and Zhang — An Empirical Examination of Restoring Reservation Status in Oklahoma

Michael K. Velchik & Jeffery Y. Zhang have published “Restoring Indian Reservation Status: An Empirical Analysis” in the Yale Journal on Regulation. PDF

I posted about this excellent article a while back when it was in draft form.

This is not Oklahoma.

Tenth Circuit Briefs in United States v. Murphy [yes, that Murphy]

Here:

Mr. Murphy prevailed against Oklahoma in the Supreme Court following the McGirt decision, but was immediately prosecuted and convicted by the United States. He is now challenging the federal government’s delay.

Oklahoma Federal Court [with New Mexico Judge] Dismisses Cherokee Citizens Claims against Oklahoma on State Court Exhaustion Grounds

Here are the materials in Pickup v. District Court of Nowata County (N.D. Okla.):

18 Counties Motion to Dismiss

24 District Attorneys Motion to Dismiss

27 Towns Motion to Dismiss

70 Clerks Motion to Dismiss

71 Clerk Edwards Motion to Dismiss

72 Clerk Newberry Motion to Dismiss

75 Opposition to 18

76 Opposition to 24

77 Opposition to 27

78 Opposition to 70

79 Opposition to 71

80 Opposition to 72

84 Reply in Support of 18

85 Reply in Support of 24

86 Reply in Support of 27

87 Owasso Motion to Dismiss

88 Reply in Support of 70

89 Reply in Support of 71

90 Reply in Support of 72

94 Opposition to 87

95 Reply in Support of 87

143 Tribes Motion to File Amicus Brief

143-1 Amicus Brief

170 DCT Order

Complaint here.