OKLAHOMA CITY – Attorney General Mike Hunter today released the following 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.
Today’s 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,” Attorney General 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.
“While we prepare our petition, my heart remains with the victims, including a family member of one of Bosse’s victims who was in the courtroom today. I want to assure them we are doing everything in our power to uphold these convictions and deliver the justice they deserve.”
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.
Last week, the attorney general asked the Court of Criminal Appeals to stay its ruling in the case pending further appeal to the U.S. Supreme Court. The court allowed both the Attorney General’s Office and attorneys for Bosse to argue their sides today.