Federal Court Rules Reservation Never Disestablished

A recent ruling out of the Tenth Circuit could have a big impact on tribal jurisdiction over lands opened up to non-Indian settlement decades ago. The court overturned the conviction of Patrick Dwayne Murphy, a citizen of the Muscogee (Creek) Nation, after he was previously found guilty in Oklahoma state court of murdering another member of the tribe. He petitioned the federal court for habeas corpus on the argument that the crime occurred in Indian Country on the Muscogee Reservation and was not subject to state criminal jurisdiction. The Tenth Circuit determined that the federal courts had jurisdiction over the crime so long as the Muscogee Reservation had not been disestablished or diminished by Congress.

The Tenth Circuit found that the Oklahoma Enabling Acts, a law that allowed settlers in Oklahoma and Indian territories to form a constitution and become a state, and other related land acts did not terminate the reservations. The federal court overturned Murphy’s conviction and death sentence. The ruling could have far-reaching implications, strengthen Native American claims to tribal lands once thought lost, and limit state authority over Indian Country absent explicit Congressional approval. The landmark decision might also open up tribal lands, regardless of designation as fee lands, trust lands, or non-Indian lands, to tribal enterprises like gaming. The State of Oklahoma has not yet announced if it will appeal the decision to the U.S. Supreme Court.