Mcgirt

In this video, attorney Aaron Grubb from Wirth Law Office discusses the pivotal case of McGirt v. Oklahoma. The 2020 decision stems from a post-conviction relief claim by defendant Jimcy McGirt, who argued that as a tribal citizen, he was improperly convicted by the state for a crime committed on Muscogee Creek Nation land. The Supreme Court ultimately sided with McGirt, affirming that the Muscogee Creek Nation reservation remains intact, thereby overturning his conviction. This landmark ruling has significant implications for tribal lands across eastern Oklahoma. For more insights or legal inquiries, contact Wirth Law Office.

**Understanding Oklahoma v. McGirt: A Landmark Case**

Have you heard of *Oklahoma v. McGirt*? This pivotal 2020 Supreme Court ruling reshaped the legal landscape in Oklahoma. In this case, McGirt contended that the Muscogee (Creek) Nation’s reservation was never disestablished, countering Oklahoma’s claim for state jurisdiction over criminal cases. The Supreme Court sided with McGirt, affirming the tribe’s sovereignty and jurisdiction, which significantly affects eastern Oklahoma. This ruling not only addresses legal jurisdiction but also reinforces Indian civil rights. For more insights and discussions on this important case, stay tuned or reach out to us at Wirth Law Office.

If you’re looking at guardianships or deprived cases or anything like that, you can file a motion to transfer your case to tribal court.

Before you can just like slap McGirt’s name on a motion, put it through, and get out, you actually have to have it apply to your situation.

Most of the counties and DAs aren’t just going through dismissing stuff just because, so a lot of times, it takes a little work on your part.

The tribes can prosecute felonies and the Cherokee Nation does prosecute felonies. I’ve got several felony cases out at the tribe.

There are differences in the procedures and how the court systems function that a lot of times people don’t really recognize.

Tahlequah attorney with Wirth Law Office, Ryan Cannonie, explains how sometimes the State will fight a McGirt motion.

Tahlequah attorney, Ryan Cannonie, explains how a Native American victim can impact cases post-McGirt.

Tahlequah attorney, Ryan Cannonie, explains why after you file a McGirt motion you may still have to stay in jail for a while.

Tahlequah attorney, Ryan Cannonie, explains the process after you’ve filed your McGirt motion and what can happen next.

Tahlequah attorney, Ryan Cannonie, goes over a few differences between filing for an expungement and filing a McGirt motion.

Tahlequah attorney, Ryan Cannonie, explains how filing a McGirt motion can help you even with an older case.

When should you transfer a case to tribal court? Tahlequah attorney, Ryan Cannonie, informs you about the ability to transfer a case to tribal court.

Tahlequah attorney Ryan Cannonie explores the impact the McGirt case is having in areas of the law beyond just criminal.

Tahlequah Attorney, Ryan Cannonie, explains a quick way to see if the McGirt case recognizing tribal reservations applies to your location.

McGirt Is a Supreme Court Case That Re-Acknowledged That the Creek, Muskogee Creek Nation Still Had a Tribal Reservation.

If you are a Native American member, or if you are accused of a crime where the victim is a Native American member, that means that state courts, that’s your district court of Cherokee County, district court of Adair County, Muskogee County, different, whatever the County is, didn’t have the legal authority to prosecute you. Meaning if you have a case pending, they don’t have the authority. It means if you already pled to a case or was found guilty in a case, then you can file a motion to try to get rid of that based on the fact they did not have authority.

Here are certain types of crimes that can only be charged federally or through a tribe if the defendant is a Native American member or if the victim is a Native American member. There’s a list of them. I had to write them down, so let me read through them. If either the victim of the crime or the accused perpetrator of it is on a crime for murder, manslaughter, kidnapping, rape, child sexual abuse, incest, assault against a child under the age of 16. Child abuse may mean child neglect, assault and battery, arson, burglary, robbery, larceny over a thousand dollars, domestic assault and battery by strangulation or assault and battery with serious bodily injury.