Oklahoma Attorney General Mike Hunter has filed a motion requesting the Oklahoma Court of Criminal Appeals to rehear the state’s case against Shaun Bosse, a non-Indian who murdered a Chickasaw family.
The court recently ruled the state did not have jurisdiction to prosecute him due to the U.S. Supreme Court’s ruling in McGirt v. Oklahoma.
In the petition, the attorney general writes a rehearing is warranted because the court overlooked arguments and authority offered by the state and reached a conclusion that conflicts with the state’s post-conviction statutes.
Hunter said the request has nothing to do with challenging tribal sovereignty.
“This is about fighting to ensure justice for victims of not only the brutal crimes committed by Shaun Bosse, but also those being revictimized by fallout from the McGirt ruling,” Hunter said. “We continue to believe the state has jurisdiction over non-Native Americans on tribal reservation lands, even if the federal government also has jurisdiction. Exclusive federal jurisdiction only applies to Native Americans.
“We also believe that prisoners who were convicted long ago and have sat on their claims for years cannot suddenly raise them today under Oklahoma law.”
Hunter asserts new trials will “re-traumatize victims and their families.”
He also raised the possibility that offenders will go free because “federal statutes of limitations have expired, or retrials are compromised because of issues with witnesses and evidence over a long period of time.”
The Court of Criminal Appeals ruling “ignores statutory language surrounding criminal appeals, which is why we are asking the court for a rehearing.”
The motion also asks the Court of Criminal Appeals to stay its ruling for a rehearing in the Bosse case.
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