Oklahomav.Castro-Huerta
Oklahoma prosecuted Victor Castro-Huerta, a non-Indian defendant, for child neglect committed against an Indian child in Indian country. The prosecution occurred after the Supreme Court’s decision in McGirt recognized that the Creek reservation remained Indian country, prompting a dispute over whether Oklahoma had criminal jurisdiction. The Supreme Court held that the Federal Government and the State possess concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country unless Congress provides otherwise. The Court concluded that the historic framework of federal Indian law did not preempt Oklahoma’s authority over this prosecution. It reversed the Oklahoma Court of Criminal Appeals and remanded for further proceedings. Justice Gorsuch dissented, arguing that the majority disregarded the established allocation of tribal, federal, and state authority in Indian country.
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