USU Terry v. Ohio Case Brief
Question Description
I’m working on a law writing question and need a sample draft to help me learn.
Choose your own case to brief. Please chose a case from either the U.S. Supreme Court or one of the Circuit Courts of Appeal that relates to police powers and/or Gibbons v. Ogden. Brief should follow the format that is in the PDF below (specifically: case name/court, facts, procedural history, issue, holding, reasoning, connection to theory).
Unformatted Attachment Preview
McGirt v. Oklahoma
McGirt v. Oklahoma
? McGirt v. Oklahoma
? Facts
Jimcy McGirt was arrested on November 4, 1996. In June 1997, the Oklahoma State Court found
McGirt guilty on three charges of sexual assault. He was sentenced to life imprisonment without
the possibility of parole. McGirt, a Seminole Nation of Oklahoma member, was also sentenced to
two consecutive-year sentences.
Through the treaty of 1832, the Federal government assured the Creek Nation that their land,
west of the Mississippi, would permanently belong to the tribe. The treaty’s terms mandated the
Indians to self-govern, devoid of any intervention from the Federal government. The Federal
government, therefore, does not have jurisdiction to pass or implement laws for Indians living on
these lands. Crimes committed on the reservation fall under the Indian Nationàjurisdiction.
However, the Major Crimes Act (MCA) stipulates some offenses for which offenders should be
subjected to the same penalties as those committed within US jurisdiction.
? Procedural History
On February 25, 2019, Oklahoma Court of Criminal Appeals denied McGirtàpetition for
post-conviction relief. McGirt appealed to the US Supreme Court on April 17, 2019. US
Supreme Court reversed the Oklahoma Court of Criminal Appeals decision in the case on July 9,
2020.
? Issue
Is the land granted to the Indians under the 1832 Treaty and the 1833 Treaty regarded as a
reservation, in so far as federal criminal law is concerned?
? Holding
The court reversed McGirtàdenial request for relief, thereby withdrawing state convictions.
Subsequently, the case was retried in a federal court. The retrial was conducted in Muskogee
federal court. The retrial was pushed back to November 5. After three days of testimonies,
McGirt was found guilty of the alleged crimes.
? Briefly describe how one of the theories we are utilizing in this course help you to better
understand and appreciate this case
Theory of Governance allowed me to better understand and appreciate the outcome this case. I
believe I could go on and give an example on how every approach could¥ been used, but I
believe it is pretty self-explanatory.
Purchase answer to see full
attachment
McGirt v. Oklahoma
? McGirt v. Oklahoma
? Facts
Jimcy McGirt was arrested on November 4, 1996. In June 1997, the Oklahoma State Court found
McGirt guilty on three charges of sexual assault. He was sentenced to life imprisonment without
the possibility of parole. McGirt, a Seminole Nation of Oklahoma member, was also sentenced to
two consecutive-year sentences.
Through the treaty of 1832, the Federal government assured the Creek Nation that their land,
west of the Mississippi, would permanently belong to the tribe. The treaty’s terms mandated the
Indians to self-govern, devoid of any intervention from the Federal government. The Federal
government, therefore, does not have jurisdiction to pass or implement laws for Indians living on
these lands. Crimes committed on the reservation fall under the Indian Nationàjurisdiction.
However, the Major Crimes Act (MCA) stipulates some offenses for which offenders should be
subjected to the same penalties as those committed within US jurisdiction.
? Procedural History
On February 25, 2019, Oklahoma Court of Criminal Appeals denied McGirtàpetition for
post-conviction relief. McGirt appealed to the US Supreme Court on April 17, 2019. US
Supreme Court reversed the Oklahoma Court of Criminal Appeals decision in the case on July 9,
2020.
? Issue
Is the land granted to the Indians under the 1832 Treaty and the 1833 Treaty regarded as a
reservation, in so far as federal criminal law is concerned?
? Holding
The court reversed McGirtàdenial request for relief, thereby withdrawing state convictions.
Subsequently, the case was retried in a federal court. The retrial was conducted in Muskogee
federal court. The retrial was pushed back to November 5. After three days of testimonies,
McGirt was found guilty of the alleged crimes.
? Briefly describe how one of the theories we are utilizing in this course help you to better
understand and appreciate this case
Theory of Governance allowed me to better understand and appreciate the outcome this case. I
believe I could go on and give an example on how every approach could¥ been used, but I
believe it is pretty self-explanatory.
Purchase answer to see full
attachment
Explanation & Answer:
1 Pages
Student has agreed that all tutoring, explanations, and answers provided by the tutor will be used to help in the learning process and in accordance with our honor code & terms of service.
Have a similar assignment? "Place an order for your assignment and have exceptional work written by our team of experts, guaranteeing you A results."
Complete the 
Complete the order payment after filling in the order form. We’ll receive your order and assign it to a writer.
The assigned writer will complete your paper and forward it to our Editing Team for review and approval.
Once approved by the editor, the completed paper will be uploaded to your account for you to download, review and approve.