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RUNNING HEAD: CRIMINAL CASE REVIEW
Criminal Case Review
Gerardo Romero Maldonado
Trident University International
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CRIMINAL CASE REVIEW
Criminal Case Review
In 2015, Tulsa resident Victor Manuel Castro-Huerta was charged with severe neglect of
a minor. The child would be identified as a member of the Eastern Band of Cherokee Indians,
being found severely dehydrated covered with lice and excrement, and extremely malnourished
(Liptak, 2022). This case would turn rather complex, due to the conflicting jurisdictions between
Federal, State, and Tribal governments. For this assignment, we will delve into the Oklahoma v.
Castro-Huerta case, decided by the United States Supreme Court in 2022. We will take a further
look into the history of the case, and how the case made itself from Tulsa County to the
Chambers of the highest court in the country. To provide better insight into the case, one must go
back to the original ruling.
State of Oklahoma Charges
Mr. Castro-Huerta is a non-Native individual living within the boundaries of the
Cherokee Nation reservation. The Cherokee are one of five tribes located within Indian territory
in the State of Oklahoma along with the Chickasaw, Choctaw, Creek, and Seminole. The role of
Tribal jurisdiction would later be argued, soon after the ruling of higher courts. The State of
Oklahoma would eventually charge and sentence then-37-year-old Mr. Castro-Huerta to 35 years
in prison for the neglect and abuse of a Native child on Tribal land in October 2017
(Ducheneaux, 2022). However, Mr. Castro-Huerta would appeal his case to the next higher court,
the Oklahoma Court of Criminal Appeals. His argument, due to the ruling on the 2020 McGirt v.
Oklahoma case, was that the State of Oklahoma had no jurisdiction over him, as the crime was
committed on Tribal land against a tribal member and therefore should be tried under Federal
jurisdiction (Mudd, 2022). After the OCCA viewed the case, they agreed with the appeal and his
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CRIMINAL CASE REVIEW
conviction was overturned (Nagle & Herrera, 2022). The State of Oklahoma would request the
US Supreme Court to review the case.
SCOTUS
In 2022, the US Supreme Court granted the case certiorari (BIA, 2022). On June 29,
2022, the Supreme Court, in a 5–4 vote, overturned the decision of the Oklahoma Court of
Criminal Appeals. The ruling determined that both tribal/federal and state law enforcement
possess concurrent jurisdiction to prosecute offenses against Native Americans in Indian country
(Supreme Court of the United States, 2022). Judge Brett Kavanaugh would clarify that, with
certain exceptions not applicable to this case, Indian tribes lack criminal jurisdiction to prosecute
offenses committed by non-Indians, such as in the case of Castro-Huerta, even when these
crimes occur against Indians in Indian Country. After the ruling by SCOTUS, the Oklahoma
State Appeals Court reinstated the previous judgment by Oklahoma courts, having Mr. Castro-
Huerta finish off his 35-year prison sentence for the neglect and abuse of his five-year-old
stepdaughter (Casteel, 2022). Both jurisdictions played their part, and even though Tribal
jurisdiction had no say in the matter, Mr. Castro-Huerta will still be punished for his actions.
Conclusion
Victor Manuel Castro-Huerta of Tulsa faced charges of severe neglect of a Native
American child from the Eastern Band of Cherokee Indians. This case became complex due to
conflicting jurisdictions between Federal, State, and Tribal governments. Despite living within
the Cherokee Nation reservation, Castro-Huerta, a non-Native individual, was charged by the
State of Oklahoma. He appealed based on the 2020 McGirt v. Oklahoma ruling, arguing for
Federal jurisdiction. The Oklahoma Court of Criminal Appeals agreed, but the US Supreme
Court, in a 5–4 vote in 2022, overturned this decision. The ruling clarified concurrent jurisdiction
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CRIMINAL CASE REVIEW
for tribal/federal and state law enforcement in prosecuting offenses against Native Americans in
Indian country. Castro-Huerta's 35-year prison sentence was reinstated, highlighting the interplay
of jurisdictions in the case.
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CRIMINAL CASE REVIEW
References
Bureau of Indian Affairs. (2022).
Oklahoma v. Castro-Huerta Listening Sessions Summary
Report.
Retrieved from https://www.bia.gov/sites/default/files/dup/tcinfo/castro-
huerta_tribal_comment_summary_report_11.29.22_sgs_edits_508.pdf.
Casteel, C. (2022).
Victor Manuel Castro-Huerta's State Conviction Reinstated in Wake of High
Court Decision
. Retrieved from
https://www.oklahoman.com/story/news/crime/2022/08/05/state-appeals-court-reinstates-
castro-huerta-conviction/65392428007/.
Ducheneaux, W. L. (2022).
OKLAHOMA V. CASTRO-HUERTA: Bad Facts Make Bad Law.
Retrieved from https://nativegov.org/news/castro-huerta/.
Liptak, A. (2022).
Supreme Court Narrows Ruling for Tribes in Oklahoma
. Retrieved from
https://www.nytimes.com/2022/06/29/us/politics/supreme-court-ruling-oklahoma-
tribes.html.
Nagle, R., Herrera, A. (2022).
Where is Oklahoma Getting Its Numbers from in Its Supreme
Court Case?
Retrieved from https://www.theatlantic.com/ideas/archive/2022/04/scotus-
oklahoma-castro-huerta-inaccurate-prosecution-data/629674/.
Supreme Court of the United States. (2022).
Oklahoma v. Castro-Huerta: Certiorari to the Court
of Criminal Appeals of Oklahoma.
Retrieved from
https://www.supremecourt.gov/opinions/21pdf/21-429_8o6a.pdf.