Narrative Opinion Summary
The Solicitor General and the Muscogee (Creek) Nation are ordered to submit supplemental briefs addressing two key issues: 1. The existence of any statute that grants Oklahoma jurisdiction over crimes committed by Indians within the 1866 territorial boundaries of the Creek Nation, regardless of the reservation status of the area. 2. The identification of circumstances under which land may qualify as an Indian reservation but does not meet the criteria for Indian country as defined in 18 U.S.C. § 1151(a). The briefs must not exceed 6,000 words and are due by 2 p.m. on December 28, 2018. Reply briefs, limited to 3,000 words, are due by 2 p.m. on January 11, 2019. All filings must be submitted to the Clerk and served to opposing counsel simultaneously.
Legal Issues Addressed
Definition of Indian Country under 18 U.S.C. § 1151(a)subscribe to see similar legal issues
Application: The court is requesting an analysis of when land may be considered an Indian reservation but not qualify as Indian country as per the federal statute.
Reasoning: The identification of circumstances under which land may qualify as an Indian reservation but does not meet the criteria for Indian country as defined in 18 U.S.C. § 1151(a).
Jurisdiction over Crimes Committed by Indianssubscribe to see similar legal issues
Application: The court is seeking clarification on whether any statute provides Oklahoma with jurisdiction over crimes committed by Indians within the historic boundaries of the Creek Nation, irrespective of the area's reservation status.
Reasoning: The existence of any statute that grants Oklahoma jurisdiction over crimes committed by Indians within the 1866 territorial boundaries of the Creek Nation, regardless of the reservation status of the area.