Jury seated in retrial of man at center of landmark Supreme Court ruling

BY CURTIS KILLMAN
Tulsa World
11/06/2020 11:00 AM
Main Cherokee Phoenix
Jimcy McGirt, whose name rose to prominence after his defense won a landmark Supreme Court decision that acknowledged that the Muscogee (Creek) Nation’s historical reservation boundaries were never dissolved, will be retried in federal court. COURTESY
MUSKOGEE – Jury selection began Wednesday in Muskogee federal court for a man charged with sexually abusing a 4-year-old girl 24 years ago in Broken Arrow after the Supreme Court tossed his conviction and sentence in a landmark ruling that centered on the boundaries of the Muscogee (Creek) Nation.

After years of challenging his state conviction on jurisdictional grounds, Jimcy McGirt, 72, now faces similar charges in federal court.

Twelve jurors and two alternates were seated Wednesday afternoon during a jury selection process that included protocols to minimize the spread of COVID-19. This is the first criminal trial in Muskogee federal court since the COVID-19 pandemic began to affect Oklahomans in mid-March.

The Supreme Court ruling, based on a finding that Congress never disestablished the Muscogee (Creek) Nation reservation, meant McGirt’s alleged crimes occurred in what is considered, for criminal jurisdictional purposes, Indian Country and subject to federal jurisdiction.

The ruling applied when either the victim or the alleged perpetrator in a crime is an enrolled member of a federally recognized tribe and the crime occurred within the Muscogee (Creek) Nation reservation.

https://tulsaworld.com/news/local/crime-and-courts/jury-seated-in-retrial-of-man-at-center-of-landmark-supreme-court-ruling/article_0096859a-1e2a-11eb-a255-578ec9a0a8d6.html#tracking-source=home-top-story-1.

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