Sharp v. Murphy

Sharp v. Murphy, 591 U.S. ___ (2020), was a Supreme Court of the United States case of whether Congress disestablished the Muscogee (Creek) Nation reservation.

The Muscogee (Creek) Nation boundaries composes three million acres in Eastern Oklahoma, including most of the city of Tulsa.

[5] From the colonial and early federal period in the history of the United States the Cherokee, Chickasaw, Choctaw, Muscogee (Creek), and Seminole Nations became known as the Five Civilized Tribes.

The Muscogee (Creek) Nation reached a negotiated agreement with the federal government for the allotment of tribal lands, and Congress passed it into law in 1901.

The agreement's central purpose was to facilitate a transfer of title from the Muscogee (Creek) Nation generally to its members individually.

The question before the Supreme Court is whether these laws and other similar federal statutes clearly disestablished the reservation of the Muscogee (Creek) Nation.

Patrick Murphy, a member of the Muscogee (Creek) Nation, murdered George Jacobs near Henryetta, Oklahoma, on August 28, 1999.

[2] On its own analysis of all laws passed by Congress related to the tribal reservation and Oklahoma's statehood, found no explicit statement of disestablishment.

The Tenth Circuit also found that other acts of Congress around the time still treated the reservation as if it were Indian-owned land, contrary to the disestablishment intent if that had occurred.

Terry Royal, the Warden at Oklahoma State Penitentiary, accepted another job and resigned in good standing prior to briefings in the case.

Attorneys for Mike Carpenter, Oklahoma State Penitentiary Interim Warden, argued that Congress has clearly disestablished the Muscogee (Creek) Nation Reservation.

Attorneys for Patrick Dwayne Murphy argued that there is no clear intention of Congress to disestablish the Muscogee (Creek) Nation Reservation.

[36] The Justices raised concerns about the practicality of deciding that much of Oklahoma would be classified as an Indian Reservation, which would potentially affect the livelihood of 1.8 million residents.

In the 2019–20 term, the Supreme Court accepted the case of McGirt v. Oklahoma (Docket 18-9526) which deals with a similar matter of jurisdiction related to the former Indian reservations, but in which Gorsuch had no prior involvement, allowing all nine justices to hear the issue.

From McGirt, the Supreme Court ruled in a 5–4 decision, with Gorsuch joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan, that Congress had failed to disestablish the former reservation lands, and thus for purposes of the Major Crimes Act, those lands should be treated as "Indian country".

Marshal Service and was given a federal jury trial, which convicted him in August 2021 on three felony counts including second-degree murder.

Boundaries of the Five Tribes in 1866