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Osage Nation Seeks To Undo 2010 Court Decision, Clarify Tribal Jurisdiction

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The Osage Nation is the latest tribal nation to assert their reservation boundaries under the U.S. Supreme Court's ruling in McGirt v. Oklahoma.

Osage Nation filed an amicus brief on June 1, to the State of Oklahoma Court of Criminal Appeals in the case of Louis Young.

Young, a citizen of the Muscogee Nation, was convicted in 2007 of first degree murder in Osage County District Court. Young filed for post-conviction relief last year, saying that the state lacked jurisdiction to try him because he is Native.

Osage Nation Attorney General Clint Patterson said that by filing this brief, he seeks to undo a 2010 decision in Osage Nation v. Irby where the Tenth Circuit Court of Appeals ruled the reservation was disestablished.

"Congress is the only one that can disestablish a reservation boundary, and they must do it by statute," Patterson said, noting that there was no such statute in the Irby case.

Osage Nation is waiting on how the Supreme Court will rule in the case of death row prisoner Shaun Bosse before deciding how to move forward.

Allison Herrera covered Indigenous Affairs for KOSU from April 2020 to November 2023.
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