The Oklahoma Court of Criminal Appeals has stayed its ruling that overturns a man’s conviction and death sentence while the state asks the U.S. Supreme Court to rule on its claim of concurrent jurisdiction in the case.
The state court on Thursday agreed to a 45-day stay that keeps Shaun Bosse in state, rather than federal, custody.
The state court on March 11 overturned Bosse's conviction and death sentence and rejected Hunter’s claim of concurrent jurisdiction in the case and turned down his request for a rehearing on the claim.
The court's ruling was based on what is known as the McGirt decision in which the Supreme Court ruled that Oklahoma prosecutors lack authority to pursue criminal charges for crimes committed on tribal reservations in which the defendants or the victims are tribal citizens.
Hunter argues the state also has jurisdiction in cases involving crimes committed by non-Indians against Indians.
Bosse is not Native American, although the victims, a woman and her two young children were and were killed on land within the Chickasaw Nation’s historic reservation.