As of June 29, 2022, the Supreme Court has ruled 5-4 that Oklahoma has jurisdiction to prosecute non-Indians who commit crimes against Indians in Indian Country. The ruling marks the first time in U.S. history that a state has concurrent jurisdiction with the federal government.
In Oklahoma v. Castro-Huerta, Oklahoma asked the Supreme Court to return some criminal jurisdiction to the state after the 2020 McGirt majority decision that determined that much of the eastern part of the state is still an Indian reservation.
“We conclude that the Federal Government and the State have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country,” wrote Justice Kavanaugh in today’s opinion. “We therefore reverse the judgment of the Oklahoma Court of Criminal Appeals and remand the case for further proceedings not inconsistent with this opinion.”
According to Native News Online, "...criminal jurisdiction in Indian territory committed by non-Indians went either to the United States or the state, but not both. States have jurisdiction to prosecute non-Indians who commit crimes against other non-Indians in Indian territory, however."
Source: Native News Online
Thompson, Darren. “Supreme Court Rules State Has Concurrent Jurisdiction in Indian Territory.” Native News Online, nativenewsonline.net/currents/supreme-court-rules-state-has-concurrent-jurisdiction-in-indian-territory. Accessed 29 June 2022.
