The U.S. Supreme Court’s decision in McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), (decided on July 9, 2020), saw that Court uphold a 200 year old treaty between the United States and Creek Indians that traces back to Andrew Jackson and the Trail of Tears. As a result of the McGirt decision, most of Eastern Oklahoma, including Tulsa, is now considered part of Indian Country. Contracts, land rights, and criminal cases in Eastern Oklahoma must be viewed, at least partially, through the scope of Federal Indian Law. By way of example, between July 9, 2020 and August 9, 2020, over 1000 criminal convictions by Oklahoma state courts have been overturned as a direct result of McGirt because state courts do not have subject matter jurisdiction over criminal prosecutions of defendants on Indian lands. Other dormant, but valid, treaties can be expected to again see future honor as a result of McGirt. If the area of the country you live in was once Indian territory, (e.g., Chattanooga, Tennessee), look to see if there may be an old Indian treaty that may impact your case. If you wish to discuss a legal matter, such as how Native American bloodlines may impact a pending child custody case in Tennessee, call attorney Gregory D. Smith, 931/647-1299 for a free consultation.
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