McGirt's retroactive effect is being challenged. We are about to talk about a new decision that is out that is attacking the retroactive capabilities of the McGirt president.

Specifically, it's a newly published case from the Oklahoma Court of Criminal Appeals. It is 2021 OK CR 15 Matloff v. Wallace. And in this case, it doesn't involve the defendant being either one of those.

The defendant's actually Clifton Parish, and that's a Pushmataha County case, and he sought relief from the court, asserting that the court lacked jurisdiction based on McGirt because he is Native American.

The trial judge was Jana Wallace who found that the court did lack jurisdiction and ordered the post-conviction relief granted, sentence vacated, conviction vacated, and the charges dismissed, and the state sought a stay that is granted, and then they went ahead and petitioned for a writ of prohibition to the Oklahoma Court of Criminal Appeals.

So because it's a writ of prohibition, it's actually the DA suing in their official capacity, suing the judge in her official capacity. That's why it's Matloff v. Wallace.

And the court, Oklahoma Court of Criminal Appeals, decided on May 21st of '21 to grant the request for stay and ordered briefing on the issue of whether the McGirt can be applied retroactively.

Now, the common sense rule here is that because the McGirt decision by showing that the tribal reservation boundaries are larger than we thought, cases that occurred within those do not... The state doesn't have jurisdiction over those if it involves an Indian defendant or an Indian victim.

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