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McGirt: 10th Cir. Rules City of Tulsa Can’t Prosecute Indians for Traffic Offenses (Hooper v. Tulsa)

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Wirth Law Office

In this video, Tulsa attorney James Wirth discusses a recent decision by the 10th Circuit that states the city of Tulsa cannot prosecute Indians for traffic offenses. The decision stems from the earlier McGirt case, which determined that the Muscogee Creek Nation was never disestablished and therefore all of Tulsa County remains Indian territory. The city of Tulsa argued that it should still have jurisdiction based on its existence before statehood, but the 10th Circuit ruled against them, stating that the city is now a political subdivision of the state and does not have the authority to prosecute Indians. Wirth explains the implications of this decision and suggests that individuals with prior convictions or pending cases in Tulsa Municipal Court may want to consider filing for postconviction relief. He also discusses the possibility of the city appealing the decision to the United States Supreme Court.

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posted by aargaueraz