Attorney General Mike Hunter today released a statement after the Oklahoma Court of Criminal Appeals granted a 45-day stay of the state’s case against death row inmate Shaun Bosse, while the attorney general’s office prepares to file a petition with the U.S. Supreme Court.
The ruling means Bosse will stay in state custody on Oklahoma death row, rather than be transferred to federal custody, which was previously mandated by the Court of Criminal Appeals.
The attorney general is arguing the state should have jurisdiction over Bosse, a non-Indian who murdered a Chickasaw family, and other non-Native Americans even if their crimes were committed on tribal reservation lands.
“I want to commend Solicitor General Mithun Mansinghani and Assistant Attorney General Caroline Hunt for their exceptional arguments in front of the court today,” Hunter said. “They illustrated precisely why a convicted murderer like Shaun Bosse should remain on Oklahoma death row, and why he doesn’t deserve the chance of a retrial. The 45-day stay will allow us time to file for a further stay from the U.S. Supreme Court so they have time to consider whether to grant us the opportunity to argue our case. The McGirt decision has created confusion across governments, and many unanswered questions that can only be resolved by the U.S. Supreme Court.”
Attorneys with the Attorney General’s Office have already drafted the request for a further stay from the U.S. Supreme Court and plan to file it in the coming days.
It was unlikely Bosse would have been released even without the stay, since federal prosecutors have already filed murder charges against him.