The federal government is deciding how to proceed in the case of an Oklahoma man whose conviction and death sentence were overturned because the wrong court tried the case.
Patrick Dwayne Murphy was convicted of murdering a man in 1999 who fathered a child with the woman who Murphy lived with. He was convicted of first-degree murder in 2000 by an Oklahoma jury, and a trial court sentenced him to death.
But a jurisdictional dispute stemming from the location of the crime, which was on Creek Nation land, and Murphy’s heritage prompted the 10th Circuit Court of Appeals to save his life—for now.
“Because Mr. Murphy is an Indian and because the crime occurred in Indian country, the federal court has exclusive jurisdiction. Oklahoma lacked jurisdiction,” said the 10th Circuit Court of Appeals in its opinion invalidating the death sentence, delivered on Tuesday. “The [Oklahoma Criminal Court of Appeals] erred by concluding the state courts had jurisdiction, and the district court erred by concluding the OCCA’s decision was not contrary to clearly established federal law. … The decision whether to prosecute Mr. Murphy in federal court rests with the United States. Decisions about the borders of the Creek Reservation remain with Congress.”
The 3-0 decision means federal prosecutors must decide if they want to prosecute Murphy. Oklahoma’s attorney general is reviewing the 126-page decision, according to the Oklahoman.
