Carpenter v. Murphy
Issues
Do the reservation borders of the Creek Nation Indian Tribe drawn in Oklahoma in 1866 constitute an “Indian reservation” today under 18 U.S.C. § 1151(a)?
After was Convicted of a murder that occurred on disputed tribal land, Patrick Murphy asks the Supreme Court to determine if the 1866 territorial boundaries of the Creek Nation tribal land are still in effect today. If the boundaries are in effect, Murphy asserts that his murder conviction must be overturned because it was committed within the Creek Nation boundaries, meaning the Oklahoma state court that convicted him did not have jurisdiction to hear the case. Oklahoma State Penitentiary Interim Warden Mark Carpenter counters that the Creek Nation reservation has been disestablished and is no longer in effect, arguing that Oklahoma state courts indeed had jurisdiction to prosecute Murphy for the murder. Carpenter contends that giving effect to the territorial boundaries would create taxation and regulatory problems, while Murphy counters that acknowledging the tribal land boundaries would lead to mutually profitable tax agreements and other community benefits such as increased job opportunities and more effective law enforcement.
Questions as Framed for the Court by the Parties
Whether the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an “Indian reservation” today under 18 U.S.C. § 1151(a).
Respondent Patrick Dwayne Murphy is a member of the Muscogee (Creek) Nation Indian tribe. Carpenter v. Murphy (“Carpenter”) at 7. In August 1999, Murphy murdered an acquaintance on disputed tribal land. Id. He was arrested and tried in Oklahoma state’s trial court.
Edited by
Additional Resources
- Megan Dollenmeyer: Carpenter v. Murphy: A Matter of Life and Death for Tribal Sovereignty, University of Cincinnati Law Review (October 14, 2018).
- Mary Kathryn Nagle: The Implications of Carpenter v. Murphy for Native Women, Restoration of Native Sovereignty and Safety for Native Women (October 16, 2018).