Supreme Court Murder Case Could Impact Energy Industry

 

It’s a murder case that could end up impacting Oklahoma’s oil  and gas industry.

The U.S. Supreme Court on Monday agreed to hear the state’s challenge of a 10th U.S. Circuit Court of Appeals decision that said because Patrick Murphy was Indian and the 1999 murder of George Jacobs happened on Indian land, Murphy should have been tried in  federal court.

The Tenth Circuit in Denver reversed the conviction of Murphy stating the murder took place on Indian reservation with boundaries dating back to the 1866 Indian Territory that had not been disestablished by Congress when Oklahoma became a state.

“We are pleased with today’s decision by the U.S. Supreme Court to review this critically important case,” Attorney General Hunter said. “Our team is looking forward to presenting our side and providing clarity for the state, tribal sovereigns and the 1.8 million Oklahomans who live in the area at issue.”

Although no dates are set, briefing in the case is expected to occur over the summer, arguments in the fall and a decision is expected before June 2019.

The court announced the decision by stating:  “ROYAL, WARDEN V. MURPHY, PATRICK D.
The petition for a writ of certiorari is granted. Justice
Gorsuch took no part in the consideration or decision of this
petition.”

Here’s how it could affect oil and gas operations. Because the Tenth Circuit ruled such Indian territory was never “disestablished” that means a large part of Oklahoma is still, at least in the eyes of the Denver federal appeals court, still under Indian legal influence. Not only are thousands of criminal convictions in question,  what about the legal consequences of oil and gas leases, drilling rights and ownership of wells?