Victor Manuel Castro-Huerta's state conviction reinstated in wake of high court decision
The Oklahoma Court of Criminal Appeals on Thursday reinstated the state judgment and sentence given to Victor Manuel Castro-Huerta, implementing the U.S. Supreme Court’s mandate in a case that altered criminal jurisdiction in Indian country.
The appeals court issued a brief order two days after Oklahoma Attorney General John O’Connor urged quick action on the case to prevent Castro-Huerta’s release from federal custody.
Responding to the Supreme Court ruling in June, the appeals court on Thursday withdrew its own decision, from 2021, that Castro-Huerta was improperly prosecuted for child neglect in state court because the child is Native American and the crime occurred on the Cherokee Nation's reservation.
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That reversal of Castro-Huerta's conviction came as a result of the Supreme Court’s 2020 decision in McGirt v. Oklahoma, which has led to the affirmation of six tribal reservations. The decision required a reshaping of criminal jurisdiction in eastern Oklahoma because federal law generally requires cases involving Native Americans in Indian country to be prosecuted in federal or tribal courts.
Court ruling reinstates Castro-Huerta's 35-year sentence
The Oklahoma attorney general’s office challenged the long-held understanding that a non-Native accused of a crime against a Native American victim in Indian country couldn’t be prosecuted by the state.
The Supreme Court agreed to consider the question using the Castro-Huerta case and ruled in June that the state and federal government have concurrent jurisdiction when a non-Native commits a crime against a Native American in Indian country. That decision meant Tulsa County prosecutors did have the authority to charge Castro-Huerta in state court for neglecting his stepchild to the point of near death.
Castro-Huerta has been in federal custody for months. The U.S. attorney’s office in Tulsa filed federal charges against Castro-Huerta when his state conviction was reversed, and a plea deal was reached calling for a seven-year sentence. He was set to be formally sentenced on Aug. 8. However, a federal judge on Thursday reset sentencing for October.
O’Connor told the Oklahoma Court of Criminal Appeals this week that Castro-Huerta’s state conviction needed to be reinstated immediately because of the potential of him being released or deported after his federal sentence was rendered; Castro-Huerta is a Mexican national.
The state appeals court on Thursday reinstated the judgment and 35-year sentence rendered in 2015 in Tulsa County and said it would issue an opinion addressing other issues later. Several other similar cases were returned to the state appeals court after the Castro-Huerta decision was reached.
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Madelyn Hague, press secretary for O'Connor said: “What the Court of Criminal Appeals did today was expected after our victory in the Castro-Huerta decision at the U.S. Supreme Court. Our office is grateful that the decision to vacate Castro-Huerta’s conviction for child neglect on a meritless technicality has now been set aside.”
It was not clear Thursday when the state would seek to take custody of Castro-Huerta.
This article originally appeared on Oklahoman: State appeals court reinstates Castro-Huerta conviction
