Wednesday, November 28, 2018

AG Hunter comments on SCOTUS case with major ramifications for Oklahoma


Attorney General Hunter Releases Statement after Oral Arguments in Carpenter v. Murphy at the U.S. Supreme Court

WASHINGTON, D.C. – Attorney General Mike Hunter today released the following statement after the U.S. Supreme Court heard oral arguments in the Carpenter v. Murphy case.

“We appreciate the U.S. Supreme Court for agreeing to hear this case, giving us the opportunity to argue the state’s position in a case that has implications for millions of Oklahomans,” Attorney General Hunter said. “Our argument today was based on the clear fact that Congress disestablished the Muskogee (Creek) territory in 1907 to make way for Oklahoma statehood. Thus, the state has the ability to prosecute crimes like the one this case is centered around, and like it has been doing for over a hundred years.

“Not to be lost in this case is whether a man who confessed to the brutal mutilation and murder of George Jacobs and was convicted in state court should be re-tried and receive a lesser sentence of life in prison, rather than the death penalty. We should never lose sight of the victims and their surviving loved ones in this case or any others that involve crimes of this nature—including Native American Oklahomans like the victim in this horrific crime. These are individuals who have suffered long enough while waiting for justice to be carried out and they stand to be re-victimized with a retrial and lesser sentence handed down.

“I want to assure both tribal and non-tribal citizens, my office remains committed to maintaining the long-standing good relations between the state and tribes, no matter the final ruling. We share a range of common interests and because of our successful collaborations, we have contributed to progressing our state over the years in a variety of ways that can never be overlooked. My desire is to always uphold our history of amity.

“Finally, I want to express my gratitude for the countless hours put into researching and preparing for today’s arguments by Solicitor General Mithun Mansinghani, his team and our outside attorney Lisa Blatt and her team. Our team performed exceptional legal work on behalf of the state of Oklahoma in front of the highest court in the land.”

About the case

In question is whether the 1866 territorial boundaries of the Muskogee (Creek) Nation is an Indian reservation, with implications for state prosecution of major crimes across all Eastern Oklahoma, dating back to statehood, including the City of Tulsa.

The U.S. Supreme Court granted the state’s request to hear the case in May after the 10th Circuit Court of Appeals reversed the conviction of Patrick Murphy, who confessed to the brutal mutilation and murder of George Jacobs in 1999. Murphy received the death penalty.

The ruling will be issued in 2019.

To read a copy of the transcript of the arguments, click here.

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