Oklahoma court: Supreme Court McGirt ruling not retroactive

The Associated Press - August 14, 2021 7:55 am

OKLAHOMA CITY (AP) — The Oklahoma Court of Criminal Appeals says a U.S. Supreme Court ruling limiting state jurisdiction for crimes committed on tribal reservations by or against tribal citizens does not apply retroactively. The ruling could affect hundreds of state convictions that have been overturned and Oklahoma inmates who thought they would get a new trial in federal court could remain in state prison, including on death row, with their sentences upheld.

The appeals court on Thursday reinstated the second-degree murder conviction of Clifton Merrill Parish, which had been overturned based on the Supreme Court’s July 2020 ruling known as McGirt.

In the appeal, Pushmataha County District Attorney Mark Matloff argued that the Supreme Court didn’t specify if McGirt could be applied retroactively.

 

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