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Thread: Patrick Dwayne Murphy - Oklahoma Death Row

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    Patrick Dwayne Murphy - Oklahoma Death Row




    Summary of Offense:

    He killed his girlfriend's ex-husband, George Jacobs, Sr., and dismembered him in August 1999 in McIntosh County. Murphy and his accomplice, Billy Jack Long, dragged Jacobs from a car on a county road. Jacobs was beaten and mutilated, and his genitals were left in the middle of the road. A passenger in Jacobs' car was beaten and threatened in an attempt to force his silence.

    Murphy has been on death row since May 24, 2000.

  2. #2
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    Oklahoma Court of Criminal Appeals rejects retardation claim of death row inmate

    An Oklahoma appeals court has rejected a death row inmate's claim that he should not be executed because of mental retardation.

    The Oklahoma Court of Criminal Appeals handed down the decision Thursday in the case of Patrick Dwayne Murphy. The 42-year-old Murphy was convicted of killing 49-year-old George Jacobs in 1999 in rural McIntosh County where Jacob's body was discovered in a ditch.

    The U.S. Supreme Court has banned the execution of the mentally retarded. The Court of Criminal Appeals court has said an IQ of under 70 could be a determining factor in whether an inmate is retarded.

    The five-member appeals court voted unanimously to uphold a district judge who found that Murphy's IQ was found to be 76 or higher on two scientifically recognized, standardized IQ tests.

    http://www.therepublic.com/view/stor...y-Retardation/
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    On April 26, 2012, Murphy filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/okl...cv00191/21313/

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    Administrator Moh's Avatar
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    On May 5, 2015, Murphy's habeas petition was DENIED in Federal District Court.

    http://docs.justia.com/cases/federal...00191/21313/35

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    On June 3, 2015, Murphy filed an appeal before the US Court of Appeals for the Tenth Circuit.

    https://dockets.justia.com/docket/ci...s/ca10/15-7041

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    Administrator Moh's Avatar
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    On March 22, 2017, oral argument will be heard in Murphy's appeal before the Tenth Circuit.

    https://www.ca10.uscourts.gov/sites/...2017_CAL_0.pdf

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    In today's opinions, the 10th Circuit remanded the case to District Court to issue a writ of habeas corpus vacating his conviction and sentence on the grounds that Murphy was tried in the wrong court. Murphy claimed he should be tried in federal court because he is Indian and the crime occurred in Indian Country. His conviction and sentence are invalid because Oklahoma lacked jurisdiction and federal court has exclusive jurisdiction. The panel was made up of Judges Tymkovich (G.W. Bush), Matheson (Obama), and Phillips (Obama).

    http://cases.justia.com/federal/appe...?ts=1502208059
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    Article

    Federal Court Vacates Native Man’s Death Sentence

    A federal court vacated the death sentence of a Muscogee (Creek) man on Tuesday, August 8, finding the crime took place on Indian land and the state of Oklahoma lacked the jurisdiction to convict him.

    Patrick Murphy, 48, was convicted in 2000 of killing another Muscogee (Creek) man, Greg Jacobs, over a dispute involving a woman. Murphy lived with the woman, who had previously been in a relationship with Jacobs. Murphy stabbed Jacobs to death and cut off his genitals, leaving his body on the side of a McIntosh County road.

    In its Tuesday ruling, the U.S. Court of Appeals for the 10th Circuit found that since the crime occurred between two Native men and took place on tribal lands, the state of Oklahoma did not have the legal authority to try the case.

    In a 2004 appeal, Murphy challenged the state’s jurisdiction, and the Oklahoma Court of Criminal Appeals ruled against him, finding the crime happened on state land. In the Tuesday decision, the 10th circuit disagreed with that ruling, finding the crime occurred on Muscogee (Creek) Nation land.

    “Mr. Murphy’s state conviction and death sentence are thus invalid,” the 10th Circuit wrote. “The OCCA erred by concluding the state courts had jurisdiction, and the district court erred by concluding the OCCA’s decision was not contrary to clearly established federal law.”

    When an Indian is charged with committing a murder in Indian country, the court wrote, he or she must be tried in federal court.

    The state of Oklahoma can appeal Tuesday’s ruling, otherwise it will be up to a federal prosecutor in Oklahoma whether to retry the case.

    The state is reviewing the decision and will make a determination on how to proceed soon, said Terri Watkins, spokeswoman for the Oklahoma Attorney General’s office.

    Murphy had yet to be given an execution date. Executions have been on hold in Oklahoma after a state court ruled in 2015 the state’s execution protocol needed to be overhauled, following a series of failures that include a botched execution, an execution using an unauthorized drug, and a drug mixup that halted another death sentence.

    Oklahoma has not carried out a lethal injection in over two years, its longest gap since the mid-1990s.

    https://indiancountrymedianetwork.co...eath-sentence/
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  9. #9
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    Oklahoma attorney general to seek rehearing in murder case involving tribal jurisdiction

    Ruling in inmate’s case opens door to other appeals

    By Curtis Killman
    The Tulsa World

    The Oklahoma Attorney General’s Office will ask an appellate court to reconsider the ruling it made in a death-penalty case last week, saying the decision has the potential, if it stands, to heavily affect the state’s criminal, civil and regulatory authority.

    The 10th U.S. Circuit Court of Appeals in Denver granted a request by the state of Oklahoma on Tuesday for additional time to file its petition for a rehearing in a lawsuit involving convicted murderer Patrick Dwayne Murphy.

    A three-judge panel of the court ruled Aug. 8 that Murphy, who was sentenced to death, should have been tried in federal court for the 1999 murder and genital mutilation of a man in McIntosh County because Murphy was Native American and the death occurred in “Indian country.”

    The Attorney General’s Office will request a rehearing before the entire 10th U.S. Circuit Court of Appeals, spokeswoman Terri Watkins said.

    The court granted the attorney general’s request, submitted Monday, that it be given until Sept. 21 to file the rehearing petition.

    The murder victim, George Jacobs Sr., 49, died in 1999 along a McIntosh County road, and the appellate court determined that the location was within the Muscogee (Creek) Nation’s boundaries, a region that spans 11 Oklahoma counties and includes most of the city of Tulsa. The court determined that the Creek Nation reservation, which existed before Oklahoma achieved statehood, had never been disestablished by Congress.

    In requesting more time to file a rehearing petition, the Attorney General’s Office notes that it will take considerable time to review the 126-page opinion and relevant case law “to formulate the best concise presentation for rehearing.”

    “It is anticipated that the petition for rehearing will be based both on arguments related to the Antiterrorism and Effective Death Penalty Act of 1996 and on the merits of the reservation question, both of which are quite complex,” a request signed by Assistant Attorney General Jennifer Crabb states.

    The Attorney General’s Office also notes in its request that the ruling presents an important question beyond the validity of Murphy’s conviction and death sentence.

    “If this court’s opinion stands, other criminal defendants in Oklahoma (past, present and future) may argue that the state lacks jurisdiction to prosecute criminal cases over areas that are home to over a million Oklahoma citizens,” the request states. “There also exists the potential for changes in the state’s civil and regulatory authority.”

    Various lawyers have said the ruling could have far-reaching effects on both Oklahoma criminal and civil law if it is allowed to stand.

    A defendant in another criminal case has already cited the ruling as part of his defense.

    An attorney for former Tulsa Police Officer Shannon Kepler filed a motion in state court on Friday asking that his murder case be dismissed, citing Kepler’s Creek Nation citizenship and the Murphy appellate court ruling.

    The Creek Nation hailed the ruling, saying it affirms “the right of the Nation and all other Indian Nations to make and enforce their own laws within their own boundaries.”

    Rehearings before the entire 10th Circuit are “often requested, but seldom granted,” a procedural guide published on the court’s website states.

    http://www.tulsaworld.com/news/court...829202089.html

  10. #10
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    State asks appellate court for rehearing of decision in murder case involving tribal jurisdiction

    By Curtis Killman
    The Tulsa World

    The Oklahoma Attorney General’s Office filed a request Thursday for a rehearing of a federal court ruling that it claims could fundamentally change criminal and civil law in the state if not overturned.

    Saying the disruption the decision may cause “strains the imagination,” a 30-page petition filed in the 10th U.S. Circuit Court of Appeals on behalf of Attorney General Mike Hunter asks for a stay of the ruling in the case of Patrick Dwayne Murphy, who successfully challenged his murder conviction on the grounds that he should have been tried in federal court.

    Oklahoma officials asked for a stay in the case until a rehearing or evidentiary hearing can be held.

    “The panel decision in this case may precipitate the most significant change in the nature of the state of Oklahoma since formation of the state in 1907,” the petition begins.

    A three-judge panel of the Denver-based appellate court ruled Aug. 8 that Murphy, who was sentenced to death, should have been tried in federal court for the 1999 murder and genital mutilation of a man in McIntosh County because Murphy was Native American and the death occurred in “Indian country.”

    The victim, George Jacobs Sr., 49, was killed along a rural road.

    The appellate court determined that the crime location was within the Muscogee (Creek) Nation’s boundaries. It said the Creek Nation reservation, which existed before Oklahoma achieved statehood, had never been disestablished by Congress.

    In granting habeas corpus relief to Murphy, the 10th Circuit panel “held for the first time that the 1866 exterior boundaries of the Creek Reservation have never been disestablished,” the state’s petition for a rehearing says.

    The petition says the ruling means Oklahoma has no jurisdiction to prosecute any crime committed by or against an American Indian in a region that spans 11 Oklahoma counties and includes most of the city of Tulsa.

    If the ruling stands, about half of the state, both in terms of population and land area, could find itself under the same new jurisdictional issues because other tribes in the state could be expected to argue that they, too, possess an existing reservation, according to the petition.

    “Potentially every state conviction involving tribal members in the entire eastern half of the state will be challenged,” the state says.

    The ruling “has the potential of fundamentally altering the answer to the question: What is Oklahoma?” the petition states.

    The 10th Circuit’s decision in the Murphy case already has been referenced in multiple pending matters in Tulsa County District Court, most notably the case of former Tulsa Police Officer Shannon Kepler.

    The ruling could also have repercussions for civil law and regulatory authority in all of eastern Oklahoma, the state claims.

    It means the state’s civil and regulatory jurisdiction in half of the state would likely be subject to decades of litigation over taxation, natural resources and environmental protection, the state says.

    “Indeed, the civil rights protections of the U.S. Constitution may now be inapplicable to many Oklahoma citizens who, without prior knowledge, suddenly find themselves on a reservation,” the petition states.

    In arguing for the hearing, the state points to a case decided in 2010 by the 10th Circuit, which found that the Osage Reservation had been disestablished by Congress.

    A premise for the Osage Nation case decision was that the Creek and other reservations had been disestablished by Congress in preparation for the creation of the state of Oklahoma, according to the state’s petition.

    “This fundamental notion is irreconcilable with the panel decision in the instant case,” the state says in its petition.

    State officials also argue that the court should have looked at congressional acts as a whole, rather than viewing them separately, because that would demonstrate Congress’ intent to disestablish the Creek reservation.

    Finally, the state claims that the court was prohibited from reaching its decision by the Anti-Terrorism and Effective Death Penalty Act of 1996.

    The state asked that the case be reheard either by the same three-judge panel that issued the decision or the entire 10th U.S. Circuit Court of Appeals.

    If a rehearing is not granted, the state is asking for an evidentiary hearing where it could present original source materials to make its case for disestablishment.

    Regarding the ruling’s potential impact on existing cases, Tulsa defense attorney Richard O’Carroll has filed motions seeking to have the Kepler case taken out of state court before his client’s fourth murder trial, which is set to begin Oct. 9, because Kepler is a citizen of the Creek Nation and the 2014 shooting of 19-year-old Jeremey Lake occurred within the boundaries of the tribe’s jurisdiction.

    Kevin Adams, one of the attorneys for Johnny Mize II, has also cited the Murphy case — among others — in his motion to dismiss the manslaughter case against his client.

    Mize is charged in the July 4 shooting at a west Tulsa County fireworks stand that killed 15-year-old Jake Ulrich, who reportedly was attempting to steal fireworks along with his cousin.

    Mize is scheduled for a preliminary hearing Oct. 9.

    Adams and O’Carroll appeared before District Judge Sharon Holmes earlier this month to argue the matter in the Kepler case and in an unrelated case, but Holmes said she would not make a decision because she believes it is premature to do so while the 10th Circuit ruling is appealed.

    However, Holmes has said she would review case law on the issue irrespective of the Murphy case during Kepler’s Sept. 29 status conference.

    http://www.tulsaworld.com/homepagela...5a61a771d.html

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