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Tenth Circuit Court of Appeals denies panel rehearing in Murphy v. Royal

Tenth Circuit Court of Appeals denies panel rehearing in Murphy v. Royal
(www.okoffender.doc.ok.gov) The U.S. Tenth Circuit Court of Appeals issued an order Nov. 9 denying the request by the State of Oklahoma for a panel rehearing in the Murphy v. Royal case.

*Editor’s note: The story was updated at 4:26 p.m., Nov. 9 to include a statement from MCN Attorney General Kevin Dellinger.

The story was updated at 4:32 p.m., Nov. 9 to include a statement from Oklahoma Attorney General Mike Hunter regarding the court’s order.

Jessica McBride/Managing Editor

Statement requested from Floyd, Dellinger

OKMULGEE, Oklahoma — The U.S. Tenth Circuit Court of Appeals issued an order Nov. 9 denying the request by the State of Oklahoma for a panel rehearing in the Murphy v. Royal case.

‘The Petition, the responses, the amici filings and the amended opinion were also circulated to all the judges of the court in regular active services who are not recused… As no judge on the original panel or the en banc court requested that a poll be called the request for en banc review is denied.’

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.

View court documents here.

According to www.dictionary.law.com, en banc is a review by the full court of appellate justices where there is more than one panel of judges and when the court feels the case is of public significance.

Read previous coverage: Murder conviction overturned based on MCN jurisdiction reach.

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.

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