Indian man on death row disputes state authority

Thursday, May 10, 2007  

A Creek man on death row is challenging the state's jurisdiction to prosecute him for a crime that he said occurred on Indian land.

Patrick D. Murphy was convicted of mutilating and killing George Jacobs, who was Creek. But Murphy says the state lacked jurisdiction because the incident took place on land where the mineral rights are held in restricted allotment.

The state courts have rejected the argument. Now Murphy is asking the U.S. Supreme Court to consider the case.

The justices have had the case for over a year. Last June, they asked the Department of Justice to submit a brief.

In a brief submitted last week, government attorneys urged the high court to reject the appeal. They rejected Murphy's claim that the land where the alleged crime took place is Indian Country.

Get the Story:
Tribal land is factor in appeal (The Oklahoman 5/10)
pwpwd

Case Documents:
Murphy v. State of Oklahoma (No. 05-787)