Triple Murderer Freed 'Cuz He Killed on Indian Turf

Bizarro.


From NY Daily News:

OKLAHOMA CITY — A federal appeals court Friday reversed the death sentences of an Oklahoma man who pleaded guilty to three counts of first-degree murder because the crimes occurred in Indian Country and the state lacked the authority to prosecute him.

The 10th U.S. Circuit Court of Appeals voided David Magnan's convictions and ordered that he be released from state custody, but a three-judge panel said they presumed that federal authorities would arrest and prosecute Magnan "given the nature of the crimes and Magnan's admitted guilt."

Attorney General Scott Pruitt's office was reviewing the decision Friday "to determine our options," spokeswoman Diane Clay said. One of those options is to request a rehearing before all nine members of the Denver-based court.

Read more: http://www.nydailynews.com/news/national/court-reverses-death-sentence-admitted-oklahoma-killer-article-1.1373346#ixzz2WI1cHZ3o

 

Re: Triple Murderer Freed 'Cuz He Killed on Injun Turf

What's bizzarro about it? The Rez has different rules than the rest of the country, and for good reason.

 

Re: Triple Murderer Freed 'Cuz He Killed on Injun Turf

It's bizarre because the case rests on whether the tract of land where the crime took place should be considered Indian Country.

 

Re: Triple Murderer Freed 'Cuz He Killed on Injun Turf

"freed"

 

Re: Triple Murderer Freed 'Cuz He Killed on Injun Turf

"for good reason."

Right.

 

Re: Triple Murderer Freed 'Cuz He Killed on Injun Turf

Not being familiar with tribal law, would the tribal courts be able to re-try, or is jeopardy attached?

 

Re: Triple Murderer Freed 'Cuz He Killed on Injun Turf

Double jeopardy only applies if you are tried by the same jurisdiction. Tribal courts historically did not have jurisdiction regarding felony cases, but that changed a few years ago with a new federal law that allows tribes to try some felony cases.

 

Re: Triple Murderer Freed 'Cuz He Killed on Injun Turf

Why in 2013 do we still have reservations? Indians aren't required to stay on them. If the tribes elect to keep them, open a casino, and proclaim the area autonomous, then that's fine, too, but no federal money.

 

Re: Triple Murderer Freed 'Cuz He Killed on Injun Turf

Treaties.

 

Re: Triple Murderer Freed 'Cuz He Killed on Injun Turf

Have you ever tried getting into Dorsia at 8:30 on a Friday?

 

Re: Triple Murderer Freed 'Cuz He Killed on Injun Turf

Questions like this are why I'm a sports guy after all these years.

 

Re: Triple Murderer Freed 'Cuz He Killed on Injun Turf

Oh yeah, like the white man has worried about breaking treaties in the past