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Thread: Marlon Deon Harmon - Oklahoma Death Row

  1. #21
    Administrator Aaron's Avatar
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    Assuming McGirt doesn't ruin their cases, the first three will almost certainly be Glossip, Cole, and Grant. They were up for execution in 2015. But I agree Stouffer should be first - best to get him before he croaks. He'll be 79 in September I think - He'd be the second oldest inmate ever executed.
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  2. #22
    Senior Member Frequent Poster schmutz's Avatar
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    Quote Originally Posted by Neil View Post
    Like I said it would make sense for them to target the above three I mentioned. Two of them lost out at the Supreme Court after McGirt. The McGirt ruling has limited who they can target The three I mentioned are the least likely out of the warrant ready inmates to get relief from McGirt especially Harmon since his victim was an Indian from India not a native Indian.
    The murder was in OKC, which is not within the tribal jurisdiction anyway. Where things might get tricky is the line runs right through metropolitan Tulsa, so there might be an issue if certain elements of a crime took place in different jurisdictions.

  3. #23
    Senior Member CnCP Legend Neil's Avatar
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    Harmon and Davis lost out at the Supreme Court after McGirt. This ruling doesn’t make any sense to me how would it be that Harmon or Davis gets relief neither of them are Native American so how could that ruling apply to them?
    Last edited by Neil; 03-02-2021 at 01:06 PM.

  4. #24
    Senior Member Frequent Poster schmutz's Avatar
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    Harmon's appeal had nothing to do with McGirt. His attorney's were claiming that an illegally obtained confession was improperly admitted to the sentencing phase. McGirt would not apply anyway, because the crime was on unambiguously state land. What McGirt did was specific to the Major Crimes Act, which placed Native American defendants solely under the jurisdiction of the Federal Courts for crimes on tribal lands. There are other cased involving similarly located Native American victims, who, should McGirt be extended to apply to the General Crimes Act, would then move the jurisdiction out of state courts and to either a tribal or federal court.

  5. #25
    Senior Member CnCP Legend Neil's Avatar
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    Harmon would be Oklahoma’s safest bet. As you said Schmutz that there maybe problems once it comes time to execute him. You did say that the lines runs through the Tulsa metro. However, I can’t see how there would be issues but still that’s what’s makes this ruling very hard to understand.

  6. #26
    Senior Member Frequent Poster schmutz's Avatar
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    There wouldn't be McGirt issues because the crime was in Oklahoma City, not Tulsa. 45% of the land in OK is subject to tribal jurisdiction, but only ~25% of the major metropolitan area. i posted a link to a map in one of these threads showing the covered area.

  7. #27
    Senior Member CnCP Legend Neil's Avatar
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    Quote Originally Posted by schmutz View Post
    The murder was in OKC, which is not within the tribal jurisdiction anyway. Where things might get tricky is the line runs right through metropolitan Tulsa, so there might be an issue if certain elements of a crime took place in different jurisdictions.
    That’s the quote I was referring to so for Marlon he’s seeing Oklahoma’s execution chamber correct?

  8. #28
    Senior Member Frequent Poster schmutz's Avatar
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    Quite likely, and deservedly so.

  9. #29
    Senior Member CnCP Legend Mastro Titta's Avatar
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    Marlon Harmon's execution date has been set for December 5th, 2024.

    https://documents.deathpenaltyinfo.o...2022-07-01.pdf

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