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SCOTUS to hear arguments in McGirt-related case

FILE - Tourists visit the Supreme Court, January 2022, in Washington.
FILE - Tourists visit the Supreme Court, January 2022, in Washington.(AP Photo/Jacquelyn Martin)
Published: Jan. 21, 2022 at 2:44 PM CST
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WASHINGTON, D.C. (KSWO) - The Supreme Court has agreed to hear the State of Oklahoma’s case regarding the fallout of SCOTUS’s McGirt decision.

The McGirt ruling limits state jurisdiction for crimes committed on tribal reservations by or against tribal citizens.

The Oklahoma Court of Criminal Appeals has since decided that the ruling does not apply retroactively.

According to Oklahoma Governor Kevin Stitt’s office, the State filed a petition in the case of Victor Manuel Castro-Huerta.

Castro-Huerta was convicted in state court and sentenced to 35 years in prison before his conviction was thrown out by the Oklahoma Court of Criminal Appeals due to the McGirt ruling.

Castro-Huerta is not a Native American, though the victim of the crime is.

The Supreme Court has agreed to hear the state’s case, with arguments set for April.

On Friday, Governor Stitt applauded the court’s decision.

“I am encouraged that the Supreme Court has decided to address whether a state has authority to prosecute non-Indians who commit crimes against Indians in Indian Country,” Governor Stitt said. “The fallout of the McGirt decision has been destructive. Criminals have used this decision to commit crimes without punishment. Victims of crime, especially Native victims, have suffered by being forced to relive their worst nightmare in a second trial or having justice elude them completely.”

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