10th Circuit Denies Inmate’s Request For Certificate Of Appealability Under McGirt

(August 15, 2023, 11:32 AM EDT) -- DENVER — The U.S. Supreme Court’s ruling in McGirt v. Oklahoma did not toll the one-year statute of limitations period for a petition for a writ of habeas corpus filed by a prisoner in Oklahoma convicted of first-degree murder because he could have discovered earlier through due diligence that Oklahoma had no jurisdiction if his crime committed in Indian country, a 10th Circuit U.S. Court of Appeals panel found in denying the prisoner’s request for a certificate of appealability on Aug. 14....