OKLAHOMA CITY — Oklahoma Attorney General Mike Hunter filed a motion Nov. 13 requesting a stay of the U.S. 10th Circuit Court decision in the Murphy v. Royal case.
A spokesperson for the Oklahoma Attorney General’s Office said there is not a required time frame to grant or deny the request, but a response is typically generated within 30-60 days.
Muscogee (Creek) citizen Patrick Murphy was convicted by the State of Oklahoma for murder committed within the Muscogee (Creek) Nation jurisdiction, but not on MCN trust, restricted or fee land.
The appellate court concluded that Congress had not disestablished the Muscogee (Creek) Nation reservation established by a 1866 treaty and therefore the State of Oklahoma lacked the jurisdiction to try and sentence Murphy for murder because he is a Muscogee (Creek) citizen and the crime occurred in Indian Country.
The decision means MCN or the federal court would have the jurisdiction to prosecute Murphy for the crimes.
Chief Judge Timothy Tymkovich wrote in the court documents that Supreme Court precedent has been applied to the case and that an en banc review would reach the same result.
‘In sum, this challenging and interesting case makes a good candidate for Supreme Court review,’ he wrote.
MCN Attorney General Kevin Dellinger issued a written statement on the court’s decision.
‘The Muscogee (Creek) Nation is pleased with the Tenth Circuit’s decision to not rehear the Murphy case. The opinion of the Court thoroughly analyzed the historical record and faithfully applied the relevant law and it should continue to be upheld and the Nation remains committed to seeing that it is,’ the statement said.
Oklahoma Attorney General Mike Hunter also released a statement regarding the court’s order.
‘We are disappointed in the 10th Circuit’s decision, but are committed to asking the Supreme Court to review the case. In response to our request for reconsideration of the prior decision, Judge Tymkovich wrote, “this challenging and interesting case makes a good candidate for Supreme Court review.”
‘We will also ask the 10th Circuit to stay the effectiveness of the ruling pending action by the Supreme Court.’
Mvskoke Media will continue to follow this case.