[20190703]LSB10218_卡彭特诉墨菲案：死囚的上诉取决于俄克拉荷马州印第安人保留地是否仍然存在 .pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Carpenter v. Murphy: A Death Row Inmates Appeal Depends on Whether an Oklahoma Indian Reservation Still Exists Updated July 3, 2019 UPDATE: On June 27, 2019, the Supreme Court ordered Carpenter v. Murphy restored to the calendar to be re-argued in the October 2019 Term. The original post from November 16, 2018, is below. This term, the Supreme Court in Carpenter v. Murphy will review a decision by the U.S. Court of Appeals for the Tenth Circuit (Tenth Circuit) concerning whether Oklahoma had jurisdiction to charge and convict Patrick Murphy, a member of the Muscogee (Creek) Nation who killed a fellow tribe member. The validity of Murphys murder conviction turns on whether his crime was committed within the boundaries of the Creek Nation reservationa reservation that Oklahoma says ceased to exist in the early 1900s. Although the Oklahoma state courts rejected Murphys efforts to overturn his conviction, the Tenth Circuit concluded that the crime did occur on reservation land, so Oklahoma lacked authority to prosecute Murphy. Whether the Supreme Court will agree with the Tenth Circuits deci