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1 1 (July 3, 2019)

handle is hein.crs/govbafn0001 and id is 1 raw text is: Congressional ______ ~.Research Service Carpenter v. Murphy: A Death Row Inmate's Appeal Depends on Whether an Oklahoma Indian Reservation Still Exists Updated July 3, 2019 UPDATE: On June 27, 2019, the Supreme Court ordered Carpenter v. Murphy restored to the calendar to be re-argued in the October 2019 Term. The original post from November 16, 2018, is below. This term, the Supreme Court in Carpenter v. Murphy will review a decision by the U.S. Court of Appeals for the Tenth Circuit (Tenth Circuit) concerning whether Oklahoma had jurisdiction to charge and convict Patrick Murphy, a member of the Muscogee (Creek) Nation who killed a fellow tribe member. The validity of Murphy's murder conviction turns on whether his crime was committed within the boundaries of the Creek Nation reservation-a reservation that Oklahoma says ceased to exist in the early 1900s. Although the Oklahoma state courts rejected Murphy's efforts to overturn his conviction, the Tenth Circuit concluded that the crime did occur on reservation land, so Oklahoma lacked authority to prosecute Murphy. Whether the Supreme Court will agree with the Tenth Circuit's decision is uncertain, but if it does, the decision could have significant consequences beyond Murphy's case. The land where the crime occurred would be Indian country under federal law, narrowing Oklahoma's criminal jurisdiction over offenses committed by Indians on such land. Such a decision might also prompt litigation concerning the status of other tribal lands within Oklahoma. This Sidebar briefly discusses how federal law may circumscribe state criminal jurisdiction over Indian country, examines the Tenth Circuit's decision, previews arguments being raised at the Supreme Court, and describes options for congressional action. The Major Crimes Act and Indian Country The legal question in Murphy turns on whether Creek land constitutes Indian country over which Oklahoma's criminal jurisdiction is limited. The federal government (particularly Congress) has long been recognized as having plenary authority over Indian affairs, and states cannot exercise jurisdiction over Indian country without federal approval. A federal statute defines Indian country to mean (1) all land within an Indian reservation, (2) all dependent Indian communities, and (3) all Indian allotments that still have Indian titles. An area qualifies as Indian country if it fits within any of these three categories, meaning a formal designation of Indian lands as a reservation is not required for those lands to be considered Indian country. Congressional Research Service https://crsreports.congress.gov LSB10218 CRS Legal Sidebar Prepared for Members and Committees of Congress

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