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McGirt

JM
Jon Miller
Wed, Nov 22, 2023 3:21 PM

Court of Criminal Appeals issued a writ of mandamus compelling a district judge to issue an arrest warrant.  The district judge had refused to do so because of concerns on jurisdiction based on McGirt.  CCA held that issue could not be resolved at this stage of the proceeding:

¶7 The parties advance numerous arguments surrounding the effect of Castro-Huerta on a magistrate's decision to issue a warrant. While these arguments will undoubtedly play out in the trial court, it is our holding that they should be resolved by our adversarial system, not the limited ex parte review of a magistrate in considering the issuance of an arrest warrant. That decision simply begins and ends with Section 171.

The case is attached.

Have a safe and blessed Thanksgiving.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

Court of Criminal Appeals issued a writ of mandamus compelling a district judge to issue an arrest warrant. The district judge had refused to do so because of concerns on jurisdiction based on McGirt. CCA held that issue could not be resolved at this stage of the proceeding: ¶7 The parties advance numerous arguments surrounding the effect of Castro-Huerta on a magistrate's decision to issue a warrant. While these arguments will undoubtedly play out in the trial court, it is our holding that they should be resolved by our adversarial system, not the limited ex parte review of a magistrate in considering the issuance of an arrest warrant. That decision simply begins and ends with Section 171. The case is attached. Have a safe and blessed Thanksgiving. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.