Supreme Court says eastern half of Oklahoma is Native American land

[Zaphod Beeblebrox]

However,it is likely that an Indian Defendant accused of a crime in another tribes "reservation" and charged in a State Court will likely asked for the case to be transfered to a Federal (or Tribal) Court. If that motion is denied, then it is likely that an appeal to a Federal Court, citing this decision, will ensue.

Agreed. However, the opinion went into great detail as to the history of the Creek Reservation/Congressional actions, so expanding the opinion to other tribes is not automatic. BUT you're right, there is a high likelihood other defendants will seek to expand the decision to other tribal lands. Although it could become a question of "Be careful what you ask for; you might just get it". Fed time is NOT like State time.

 

[TwoForFlinching]

Does this mean the child rapist will be expunged at a state level and retried at a federal level? This makes Creek land a different jurisdiction right? Or does double jeopardy still apply?

 

[Aries]

He wasn't acquitted, so double jeopardy would not apply.

 

[davek]

https://en.wikipedia.org/wiki/State_of_Sequoyah

 

[kwaynem]

A lot of good native Americans out there

 

[dennishoddy]

How is it still Native American land if it has been sold by tribal members over time?

The tribe can acquire land and petition it to become tribal lands. That is how casino's keep popping up everywhere. They have been able to do this for years.
In the 90's I moved to town for a short period. The neighborhood found out the Ponca Tribe was going to buy some houses in the neighborhood for use by tribal members as low rent housing that could potentially violate HOA.
After some legal proceedings that didn't' happen.
Without going into detail, back in the late 60's the law was changed so that crimes on tribal lands had to be handled by the tribes or the feds. That's current today.
I personally don't see a whole lot of legal changes among private property owners.
I live on the Osage tribal nation as well as others on this forum. Buying and selling private property is no different than buying off tribal lands.
IMHO private property owners will not see any difference in their lives buying or selling property just like we don't in Osage county.

Just my opinion, but the average citizen will not see a blip in their lives because of this decision.

 

[tRidiot]

A lot of good native Americans out there

Whole lotta Native Americans out there who subscribe to "F*** the white man" philosophy, as well. I experienced more racism from Native Americans than anyone else.

 

[Aries]

 

[D. Hargrove]

So. Do you really think the feds are going to prosecute some Native American for stealing your tv or lawnmower. who decides who's a Native American?

Elizabeth Warren.

 

[kwaynem]

Whole lotta Native Americans out there who subscribe to "F*** the white man" philosophy, as well. I experienced more racism from Native Americans than anyone else.

There is a lot of that too you will find racism on all sides