An Oklahoma man, Jimcy McGirt, whose case significantly impacted tribal sovereignty rulings, has had his federal sexual abuse convictions and life sentences overturned by the 10th U.S. Circuit Court of Appeals. The court cited faulty jury instructions regarding inconsistencies in witness testimonies as the basis for its decision.
McGirt was convicted in 1997 of abusing a 4-year-old girl. Key witnesses, including the girl, her mother, and grandmother, provided testimony during the federal trial that differed from their original 1997 statements. The trial judge instructed the jury to consider these inconsistencies only in relation to the witnesses' credibility, not their truthfulness. The appeals court deemed this instruction incorrect, arguing that it hampered the jury's ability to fully assess the veracity of the testimony, particularly given the lack of physical evidence of abuse and the reliance on witness accounts.
This decision does not directly address the landmark 2020 Supreme Court ruling in McGirt v. Oklahoma, which established that Oklahoma lacked jurisdiction to prosecute major crimes committed by Native Americans on tribal land. That ruling stemmed from McGirt's original state convictions, which were overturned based on his Native American status and the fact that the crime occurred on a tribal reservation. Following the Supreme Court decision, McGirt was subsequently tried and convicted in federal court, receiving a life sentence. However, with the recent overturning of the federal convictions, the case returns to the U.S. District Court.
Prosecutors are now reviewing the appeals court ruling and will consult with the victim's family before determining whether to pursue further appeals. While McGirt remains in federal custody, the future legal proceedings and the potential impact on the broader tribal sovereignty issue remain uncertain.
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Jimcy McGirt's convictions have been overturned. (Oklahoma Department of Corrections via AP, File)
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