Car reservation

Most of those released because of McGirt have been charged at the federal or tribal level, Tulsa World analysis shows | Crime News

Shaw was serving a 25-year sentence after being convicted in 2015 of second degree murder linked to the methamphetamine overdose death of a fellow inmate.

Limited options for closed cases

While state and local authorities complain that the McGirt ruling has wreaked havoc on the state’s justice system, local tribes affected by the ruling have beefed up their justice systems to cope with the increased workload.

Officials from four of the five tribes, the Cherokee, Chickasaw, Choctaw and Muscogee Nations, have combined to file nearly 10,000 court cases since the McGirt v. Oklahoma in July 2020, according to a poll conducted by Tulsa World last week.

However, not all closed cases can be seized by federal or tribal prosecutors.

Tribal courts do not have jurisdiction in cases where the suspect is not tribal, even if the crime was committed on a tribal reservation. The exceptions to this rule are those relating to national matters.

Federal courts are generally limited to a five-year statute of limitations for most crimes, with exceptions allowed in cases involving underage victims.

Oklahoma officials have argued for concurrent jurisdiction so the state can withhold cases like that of Shaynna Sims, who was convicted and sentenced to state prison for desecrating a corpse and whose conviction was overturned because of McGirt.