Winston Ray Walters v. Oklahoma
HabeasCorpus
Whether Congress has disestablished the reservation of the Kiowa-Comanche-Apache Nation in Oklahoma
QUESTION PRESENTED FOR REVIEW Petitioner is a full tribal member of the Comanche Nation. The crimes occurred within the territorial boundary of the Nation Reservation. Under federal law, the State of Oklahoma has no jurisdiction to prosecute a criminal case on an “Indian reservation” committed by a tribal member. This Court has granted certiorari in an Oklahoma capital habeas case on the similar, but distinct, question whether the Creek Nation territorial boundaries in Oklahoma constitute an “Indian reservation” as that term is defined under 18 U.S.C. § 1151(a), and whether Congress has disestablished the reservation. See Terry Royal, Warden, v. Patrick Dwayne Murphy, No. 17-1107 (U.S.) (certiorari granted May 21, 2018). The question presented is: Whether Congress has disestablished the reservation of the Nation in Oklahoma. 1