Justices limit 2020 ruling on tribal lands in Oklahoma

The Supreme Court has ruled that Oklahoma can prosecute non-Native Americans for crimes committed on tribal land when the victim is Native American

Supreme Court
Supreme Court

The Supreme Court ruled on Wednesday that Oklahoma can prosecute non-Native Americans for crimes committed on tribal land when the victim is Native American.

The 5-4 decision cut back on the high court’s ruling from 2020 that said a large chunk of eastern Oklahoma remains an American Indian reservation. The first decision left the state unable to prosecute Native Americans accused of crimes on tribal lands that include most of Tulsa, the state’s second-largest city with a population of about 413,000.

A state court later ruled that the Supreme Court decision also stripped the state of its ability to prosecute anyone for crimes committed on tribal land if either the victim or perpetrator is Native American.

That would have left the federal government with sole authority to prosecute such cases, and federal officials had acknowledged that they lack the resources to prosecute all the crimes that have fallen to them.

But the high court's new ruling said the state also can step in when the victims are tribal members.

The case highlighted the already strained relationship between Native tribes in Oklahoma and Republican Gov. Kevin Stitt.

The case stemmed from a state court decision to throw out the conviction against Victor Castro-Huerta, who is not Native American. Castro-Huerta was charged by Oklahoma prosecutors with malnourishment of his disabled 5-year-old stepdaughter, a member of the Eastern Band of Cherokee Indians.

Castro-Huerta has since pleaded guilty to a federal child neglect charge in exchange for a seven-year prison term, though he has not been formally sentenced yet.

The Supreme Court case involved the Muscogee reservation, but later rulings upheld the historic reservations of other Native American tribes in Oklahoma, including the Cherokee, Chickasaw, Choctaw, Quapaw and Seminole nations.

The Cherokee Nation is the country’s largest Native American tribe by population with about 400,000 citizens, about 261,000 of whom live in Oklahoma.

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