Oklahoma eyes rehearing in defendant's Indian Country case

Tuesday, July 16, 2013  

The state of Oklahoma is asking the 10th Circuit Court of Appeals to rehear a criminal defendant's Indian Country case.

David Magnan, a member of the Fort Peck Assiniboine and Sioux Tribes, was convicted in state court for a 2004 shooting in which three people died and a fourth was injured. He was sentenced to death row for the crime.

The 10th Circuit, however, said the state lacked jurisdiction to prosecute Magnan. The allotment where the murders occurred never fell out of Indian hands so it remains Indian Country, the court determined.

"In turn, we conclude that the tract, at the time of Magnan’s crimes, was 'Indian country,' and that exclusive jurisdiction over those crimes rests with the United States," the June 14 decision stated.

The decision frees Mangan of his state sentence but he remains in state custody, The Oklahoman reported. It would be up to federal prosecutors to bring charges against him.

Of the four victims in the case, three were members of the Seminole Nation, the paper said. The allotment in question was in Seminole hands.

Turtle Talk has posted documents from the case, Magnan v. Trammell.

Get the Story:
Oklahoma attorney general seeks new hearing on voided death penalty (The Oklahoman 7/11)

10th Circuit Decision:
Magnan v. Trammell (June 14, 2013)