Episode description

Victor Manuel Castro-Huerta, a non-Native, was convicted in Oklahoma state court of child neglect, and he was sentenced to 35 years. The victim, his stepdaughter, is Native American, and the crime was committed within the Cherokee Reservation.

Castro-Huerta challenged his conviction, arguing that under the Supreme Court’s 2020 decision in McGirt v. Oklahoma, which held that states cannot prosecute crimes committed on Native American lands without federal approval. Oklahoma argued that McGirt involved a Native defendant, whereas Castro-Huerta is non-Native, so McGirt does not bar his prosecution by the state.

The case was decided on June 29, 2022. The Court held that The Federal Government and the State have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country. Justice KAVANAUGH, J., delivered the opinion of the Court, in which Chief Justice ROBERTS and Justices THOMAS, ALITO, and BARRETT joined. Justice GORSUCH filed a dissenting opinion, in which Justices BREYER, SOTOMAYOR, and KAGAN joined.

Credit: Oyez, LII Supreme Court Resources, Justia Supreme Court Center, available at: https://www.oyez.org/cases/2021/21-429