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Thread: Patrick Dwayne Murphy - Oklahoma

  1. #21
    Senior Member CnCP Legend Neil's Avatar
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    The attorney general should apply for a rehearing in this case. This a very bizarre case and it essentially gave away half of Oklahoma.
    Last edited by Neil; 07-09-2020 at 10:13 AM.

  2. #22
    Senior Member CnCP Legend JLR's Avatar
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    In addition to McGirt, the Supreme Court also upheld the 10th Circuit decision overturning Murphy's conviction. Gorsuch recused himself because he was involved in the case while at the 10th Circuit. Alito and Thomas dissented.

    https://www.supremecourt.gov/opinion...-1107_o759.pdf

  3. #23
    Senior Member CnCP Legend Neil's Avatar
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    Can Oklahoma apply for a rehearing in this case? It’s such a weird case. It essentially wiped any crime jurisdiction under state law.

  4. #24
    Administrator Helen's Avatar
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    Considering the white people of OK committed genocide on a whole town of prosperous Black people in Tulsa, massacring hundreds because they couldn't stand a prosperous Black town in their midst, I would say this is justice.
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
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  5. #25
    Senior Member CnCP Legend Mike's Avatar
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    First case overturned on tribal jurisdiction grounds results in retrial, conviction

    MUSKOGEE — A federal jury convicted a Muscogee Nation tribal member Thursday of a 1999 McIntosh County murder after the U.S. Supreme Court threw out his state conviction and death sentence in one of the first cases to successfully argue that the state of Oklahoma did not have jurisdiction to try the defendant because of the person's American Indian status.

    The jury found Patrick Dwayne Murphy, 52, guilty of one count of second-degree murder, one count of murder in Indian Country in perpetuation of kidnapping and one count of kidnapping resulting in death following a three-day trial that began Tuesday.

    The government did not seek the death penalty for Murphy.

    Federal prosecutors retried Murphy after the U.S. Supreme Court in July 2020 overturned his conviction and death sentence after agreeing that the crime was committed on tribal land because Congress had never disestablished or diminished the tribal nation’s 11-county reservation, that included McIntosh County and much of the city of Tulsa.

    Murphy has been on Death Row since a McIntosh County jury convicted Murphy in 2000 and recommended the death sentence in the kidnapping, murder and genital mutilation of George Jacobs Sr., 49.

    Jacobs was Murphy’s girlfriend’s ex-husband at the time.

    Jacobs’ body was found in a ditch along a county road near Vernon, about 15 miles west of Eufaula on Aug. 28, 1999. Testimony at the trial indicated that Jacobs was dragged from a vehicle by three men, who then kicked and punched him before he was attacked with a knife.

    A passerby found Jacobs in the ditch with his face bloodied and slashes across his chest and stomach, according to the ruling.

    Jacobs’ genitals had been severed and his throat slit. It was estimated that Jacobs bled to death in four to 12 minutes.

    Murphy challenged his conviction on several fronts, including claims that the state of Oklahoma did not have jurisdiction because he was American Indian and the crime occurred within the historic boundaries of the Muscogee Nation reservation.

    The 10th U.S. Circuit Court of Appeals in Denver ruled in 2017 that the state of Oklahoma did not have jurisdiction to try Murphy because he was Native American and the death occurred within “Indian Country.”

    The court noted that only Congress can diminish or disestablish a tribal reservation boundary and it hadn’t done so with the Muscogee Nation since the 1860s.

    The U.S. Supreme Court later affirmed that decision in 2020 along with issuing its now famously similar ruling involving the appeal of child sex abuser Jimcy McGirt.

    Prosecutors were able to secure a conviction of Murphy despite the loss of some evidence and difficulty tracking down witnesses from more than 20 years ago.

    Federal prosecutors acknowledged in a trial brief filed in the case that the state of Oklahoma had lost some evidence used in the state trial, including the murder weapon.

    https://tulsaworld.com/news/local/fi...27fb7ffa9.html
    Last edited by Mike; 07-15-2021 at 12:02 AM.
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  6. #26
    Moderator Bobsicles's Avatar
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    Oklahoman whose case led to McGirt ruling gets life sentence

    MUSKOGEE, Okla. (AP) — A former Oklahoma death row inmate and tribal citizen whose case led to a landmark ruling on tribal sovereignty was sentenced Wednesday to life in prison by a federal judge.

    Patrick Murphy, 53, a citizen of the Muscogee Nation, was originally sentenced to die in McIntosh County for the 1999 killing of George Jacobs. But his attorneys challenged his murder conviction, arguing the state of Oklahoma didn’t have jurisdiction to prosecute him because he is a member of a federally recognized tribe and Congress had never disestablished the Muscogee reservation where the killing occurred.

    A federal appeals court ultimately vacated his conviction, and the state appealed to the U.S. Supreme Court. While his case was pending there, the court issued its landmark ruling in a similar case with a different defendant, Jimcy McGirt, which affirmed the federal appeals court ruling.

    As a result, Murphy was retried in federal court and convicted in August 2021 of second-degree murder in Indian Country, murder in Indian Country in perpetration of kidnapping, and kidnapping resulting in death. The non-paroleable life sentences on each count were ordered to run concurrently.

    https://www.thetelegraph.com/news/am...s-17166390.php
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