"In cases long before McGirt, both the Tenth Circuit Court of Appeals and this Court had concluded that the Act of 1900 disestablished the Kiowa Comanche Apache Reservation, citing the language confirming complete tribal cession, transfer, conveyance, relinquishment, and surrender of all tribal claims to their reservation lands," the Oklahoma appeals court wrote in its opinion.
The appeals court also said that even if the reservation had not been disestablished, it wouldn't have mattered because the Supreme Court already decided that it wouldn't retroactively apply the 2020 McGirt ruling to prior convictions. An Oklahoma court upheld the death sentence of a man with a double murder conviction despite his arguments that the state didn’t have jurisdiction on the tribal lands where the crimes occurred. Above, the Supreme Court building in Washington, D.C.In Martinez's case, the district court in Comanche County held a hearing specific to the Kiowa-Comanche-Apache Reservation and determined that reservation was formally disestablished by Congress in the early 1900s.
Since then, lower courts have found the reservations of five other Native American tribes were also never disestablished, including the Chickasaw, Cherokee, Choctaw, Seminole and Quapaw.
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