McGirt rule (Oklahoma) · Go Syfert
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McGirt rule in Oklahoma

6 Oklahoma opinions name it 1 courts 2021–2024 6 in the last five years

The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
STATE ex rel. MATLOFF v. WALLACEgreen
oklacrimapp · 2021 · cited in 3 Oklahoma opinions naming this issue, 2021–2021
2 sentences

2021Matloff v. Wallace , 2021 OK CR 21, ¶¶ 26-40 , 497 P.3d 686, 691-94 . ¶3 Our treatment under the post-conviction procedure act of Bench's freestanding McGirt claim, see 22 O.S.2011, § 1089(D)(9), nonetheless stands in sharp contrast to our application of a procedural bar to his accompanying ineffective assistance of trial counsel claim.

2021Matloff v. Wallace , 2021 OK CR 21, ¶¶ 26-40 , 497 P.3d 686, 691-94 . ¶3 Our treatment under the post-conviction procedure act of Bench's freestanding McGirt claim, see 22 O.S.2011, § 1089(D)(9), nonetheless stands in sharp contrast to our application of a procedural bar to his accompanying ineffective assistance of trial counsel claim.

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DEO v. PARISHgreen
oklacrimapp · 2023 · cited in 1 Oklahoma opinions naming this issue, 2024–2024
2 sentences

2024See Deo v. Parish , 2023 OK CR 20 541 P.3d 833 . ¶2 Indeed, the court's lack of "jurisdiction of the offense," or the appearance of facts indicating a crime is not "punishable by law" is cause to discharge the jury even in an ongoing criminal trial. 22 O.S.2021, § 844 territory , or district " having jurisdiction to try the offense. 22 O.S.2021, § 845 ¶3 The Court's recent characterization of Indian Country claims as involving defects of personal or territorial jurisdiction thus may not sustain the view that an Indian becomes irrevocably subject to State trial and punishment by failing to rais

2024See Deo v. Parish , 2023 OK CR 20 541 P.3d 833 . ¶2 Indeed, the court's lack of "jurisdiction of the offense," or the appearance of facts indicating a crime is not "punishable by law" is cause to discharge the jury even in an ongoing criminal trial. 22 O.S.2021, § 844 territory , or district " having jurisdiction to try the offense. 22 O.S.2021, § 845 ¶3 The Court's recent characterization of Indian Country claims as involving defects of personal or territorial jurisdiction thus may not sustain the view that an Indian becomes irrevocably subject to State trial and punishment by failing to rais

11
RICKER V. STATEgreen
oklacrimapp · 2022 · cited in 1 Oklahoma opinions naming this issue, 2023–2023
1 sentence

2023See, e.g., Ricker v. State , 2022 OK CR 26, ¶¶ 5, 13 , 519 P.3d 1269 , 1271-72 (denying petitioner's McGirt challenge in certiorari appeal from guilty plea on the merits of his non-Indian status, rather than deeming it forfeited by plea).

11
Floyd Benge and Jean Benge, and Gloria Springer, as Guardian, Next Friend and Custodial Parent of Travis Benge, a Minor v. United Statesgreen
ca10 · 1994 · cited in 1 Oklahoma opinions naming this issue, 2021–2021
1 sentence

2021See Benge v. United States, 17 F.3d 1286, 1288 (10th Cir. 1994). 2 In its supplemental brief, the State urges this Court instead to apply the doctrine of laches to preclude Roth from raising his McGirt claim this late in his proceedings.

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Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Statutes the citing opinions construe

OK § Okla. Stat. tit. 22, § 1089 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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