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McGirt v. Oklahoma | 140 S. Ct. 2452 (2020)

Imagine finding a territory the size of New Jersey that had been lost for over a century. No, it’s not Atlantis. It’s the Creek Indian reservation. Long believed to have been eliminated when Oklahoma became a state, the United States Supreme Court held that it still existed in McGirt versus Oklahoma.

Jimcy McGirt, an enrolled Seminole Indian, was convicted in Oklahoma state court for crimes that occurred near Tulsa.

McGirt sought post-conviction relief, arguing that the crimes occurred on the Creek Reservation, giving the federal government, not Oklahoma, exclusive jurisdiction. The trial court denied the petition. McGirt appealed to the Oklahoma Court of Criminal Appeals, which affirmed. McGirt then sought review in the United States Supreme Court.

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