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Full-Text Articles in Law and Race
Preview — Denezpi V. United States (2022). Double Jeopardy In Indian Country, Paul A. Hutton Iii
Preview — Denezpi V. United States (2022). Double Jeopardy In Indian Country, Paul A. Hutton Iii
Public Land & Resources Law Review
On February 22, the Supreme Court of the United States will decide the single issue of whether a Court of Indian Offenses constitutes a federal entity and, therefore, separate prosecutions in federal district court and a Court of Indian Offenses for the same act violates the Double Jeopardy Clause as prosecutions for the same offense.
Mcgirt V. Oklahoma, Allison Barnwell
Mcgirt V. Oklahoma, Allison Barnwell
Public Land & Resources Law Review
The United States Supreme Court ruled that large areas of Oklahoma, including much of the City of Tulsa, are reservation land. The case arose from an Oklahoma state court’s conviction of Jimcy McGirt on several criminal offenses. Mr. McGirt argued the State of Oklahoma lacked jurisdiction to prosecute because he was an enrolled member of the Seminole Nation of Oklahoma and committed his crimes on the Creek Reservation. Under the Major Crimes Act, only the federal government has the power to try tribal members for crimes committed on reservation lands. In a five to four decision, the Court held that …