Terry Royal, Warden v. Patrick Dwayne Murphy

Whether the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an “Indian reservation” today under 18 U.S.C. § 1151(a).

Before the Tenth Circuit, Respondent successfully challenged the state’s jurisdiction over crimes committed by a person of indigenous heritage on land within historical boundaries of the “Five Civilized Tribes” (Five Tribes). A panel held that Congress never expressly disestablished the 1866 boundaries of the Creek Nation, and all lands within those boundaries are therefore “Indian country” subject to exclusive federal jurisdiction under 18 U.S.C. § 1153(a) for serious crimes committed by or against Indians. On appeal to the Supreme Court, the Petitioner asks the Court resolve uncertainty regarding the state’s jurisdiction, arguing that an area as large as the land at issue in this case is not an “Indian reservation” for purposes of §1153(a). Petitioner argues that the Court’s review is necessary to settle fundamental questions of sovereignty, asserting that the implications for criminal jurisdiction in this case are great. Petitioner disputes the Tenth Circuit’s holding, noting that Oklahoma has prosecuted offenses committed by or against Indians on the understanding that no reservations exist in the former Indian Territory that is the subject territory in this case. Petitioner asks the court to grant review to resolve the "disruption" created by the Tenth Circuit’s decision.