McGirt v. Oklahoma

Oklahoma Criminal Appellate Court Holds State Does Not Enjoy Concurrent Jurisdiction with Feds in Indian Country

Matthew L.M. Fletcher

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

occa-opinion-1
appellant brief.pdfDownload
state-brief-1Download
tribal-amicus-briefDownload

State of Oklahoma v. Kepler Cert Petition [Request to Overrule McGirt]

Matthew L.M. Fletcher

Here:

Cert Petition

Question presented:

Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.

Lower court materials (Kepler v. State):

Order

State Brief

Kepler Notice

News Coverage of Indian Law Issues (8/17/21) [More McGirt today]

Matthew L.M. Fletcher

Reuters: “Paul, Weiss inked $700K contract with Oklahoma to undo tribal rights ruling“

paul-weiss-oklahoma-contractDownload

Forbes: “Native Tribes And State Tax And Regulatory Authority: The Waters Remain Murky”

AZ Central: “Indigenous people find legal, cultural barriers to protect sacred spaces off tribal lands”

Axios: “Native American population jumps to largest size in modern history“

Texas Observer: “Texas Draws Criticism With Plan to Lure Tourists to Sites Where Indigenous People Were Banished”

News Coverage of Indian Law Issues [McGirt, etc.]

Matthew L.M. Fletcher

NYTs: “Tribes’ Victory in Oklahoma at Risk in Bold Request to the Supreme Court“

The Conversation: “The disturbing history of how conservatorships were used to exploit, swindle Native Americans”

CapTimes: “Q&A: UW Law student Michael Williams aims to help tribes with pursuit of law“

New Republic: “Oklahoma Wants a Supreme Court Do-Over on Tribal Sovereignty“

E&E News Greenwire: “How a big Alaska fishing case hooked a solicitor nominee”

Oklahoma v. Bosse Cert Petition

Matthew L.M. Fletcher

Here:

oklahoma cert petition.pdfDownload

Questions presented:

1. Whether a State may impose procedural or equitable bars to postconviction relief on the claim that the State lacked prosecutorial authority because the crime of conviction occurred in Indian country.

2. Whether a State has authority to prosecute non-Indians who commit crimes against Indians in Indian country.

3. Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.

Lower court materials here.

Oklahoma Court of Criminal Appeals Rules McGirt Not Retroactive

Matthew L.M. Fletcher

Here are the materials in State ex rel. Matloff v. Wallace:

OCCA Opinion

Oklahoma Brief

Oklahoma AG Amicus Brief

Oklahoma Criminal Defense Lawyers Amicus Brief

Principal Tribal Amicus Brief

Tribal Amicus Brief

Federal Defenders Amicus Brief

Federal Court Rejects McGirt Defenses in Prosecution of Indian Man for Gun Possession

Matthew L.M. Fletcher

Here are the materials in United States v. Billey (N.D. Okla.):

1 Complaint

58 Motion to Vacate Sentence

63 Federal Motion to Dismiss

64 Response

66 DCT Order

Ninth Circuit Briefs in Appeal of Warm Springs Member Attempting to Invoke McGirt to Challenge Federal Prosecution

Matthew L.M. Fletcher

Here are the briefs in United States v. Smith:

Smith Opening Brief

US Answer Brief

Lower court materials here.

UPDATE: Unpublished memorandum here.

En banc petition here:

En banc petition.pdfDownload

Dylan Hedden & Stacy Leeds on McGirt’s Impact on the Indian Law Canon

Matthew L.M. Fletcher

Dylan R. Hedden-Nicely and Stacy L. Leeds have published “A Familiar Crossroads: McGirt v. Oklahoma and the Future of Federal Indian Law Canon” in the New Mexico Law Review.

Highly recommended!