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Oklahoma v. Castro-Huerta, 142 S. Ct. 2486 (2022)

In Oklahoma versus Castro-Huerta, we’ll see whether states and the federal government have concurrent jurisdiction over crimes committed by non-Indians in Indian country.

Victor Castro-Huerta, a non-Indian, lived in Tulsa, Oklahoma, with his 5-year-old step-daughter, who was a Cherokee Indian. One day in 2015, the child was rushed to the hospital where doctors discovered that she was only 19 pounds. Castro-Huerta later admitted that he undernourished his step-daughter.

The State of Oklahoma charged Castro-Huerta with child neglect. Castro-Huerta was convicted and sentenced to 35 years in prison. Castro-Huerta appealed. While Castro-Huerta’s appeal was pending, the United States Supreme Court issued its opinion in McGirt v. Oklahoma. In McGirt, the Court held that Congress never disestablished the Creek Nation’s reservation in Oklahoma, so the reservation is still Indian country. Indian country is defined as land within an Indian reservation that is under the federal government’s jurisdiction. After McGirt and similar cases, about 43% of Oklahoma is now recognized as Indian country, including Tulsa, Oklahoma. In light of this fact, Castro-Huerta claimed that Oklahoma couldn’t prosecute him because he was a non-Indian who committed a crime against an Indian in Indian country. Castro-Huerta argued that, under the General Crimes Act and Public Law 280, state jurisdiction was preempted, so the federal government had exclusive jurisdiction over him. The court of appeals agreed that Oklahoma didn’t have concurrent jurisdiction to prosecute Castro-Huerta, so it vacated his conviction. After Castro-Huerta’s state conviction was vacated, Oklahoma appealed. The United States Supreme Court granted cert.

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