Oklahoma v. Castro-Huerta

Victor Castro-Huerta (defendant), a non-Indian, severely malnourished and neglected his five-year-old stepdaughter, a Cherokee Indian. The State of Oklahoma (plaintiff) convicted Castro-Huerta on child-neglect charges. Castro-Huerta appealed to the Oklahoma Court of Criminal Appeals. While Castro-Huerta’s appeal was pending, the United States Supreme Court, in McGirt v. Oklahoma, held that the Creek Nation’s historic reservation in Oklahoma was still Indian country because the reservation had never been properly disestablished by Congress. Relying on McGirt, the Oklahoma Court of Criminal Appeals subsequently recognized additional portions of Oklahoma as Indian country, including the area in which Castro-Huerta resided. Ultimately, 43 percent of Oklahoma was classified as Indian country. Based on McGirt, Castro-Huerta argued on appeal that, because his crime had been committed against an Indian child in Indian country, the federal government had exclusive jurisdiction, and Oklahoma could not prosecute him. Specifically, Castro-Huerta argued that both the General Crimes Act and Public Law 280 preempted state jurisdiction over crimes committed against Indians in Indian country. The appellate court agreed and vacated Castro-Huerta’s conviction, holding that Oklahoma lacked jurisdiction. The United States Supreme Court granted certiorari.