Oklahoma Indian Country

Abstract

In August 1999, Patrick Murphy, a Muscogee (Creek) Nation tribal member murdered George Jacobs, also a member of the Muscogee (Creek) Nation tribe. Murphy was subsequently tried and convicted of murder in Oklahoma state court and sentenced to death. United States Court of Appeals for the Tenth Circuit reversed the verdict, holding that since the crime occurred on the Creek Reservation, the State of Oklahoma lacked jurisdiction. The Court further ruled that Congress had in fact never disestablished the Creek Reservation. The presentation “Oklahoma Indian Country” will examine Carpenter v. Murphy and will exhibit research on historical precedent regarding jurisdiction over tribal members and tribal lands. The presentation will also examine issues such as: did Congress ever disestablish and/or diminish the Creek Reservation? If the Creek Reservation is found to be intact under the 1866 treaty with the United States, what implications will such a verdict hold for the 1.8 million residents and the eastern half of the State of Oklahoma? On November 27, 2018, oral arguments were heard by the United States Supreme Court; the case is now pending.