Now, what stands is the Oklahoma Court of Criminal Appeals decision, which ruled against Stitt and the Muscogee Nation's right to prosecute him, handing more power to the state.
Stitt's lawyer, Brett Chapman, called the high court's decision a missed opportunity that harms Indian Country and pointed blame at the City of Tulsa administration, noting its agreement with the Muscogee Nation did not go far enough.
"Today is a setback, one that could have been avoided if Tulsa had been willing to do more than change its own policies," Chapman said in a statement. "We needed them to help change the law. They had the power to do so. They chose not to."
The agreement Chapman referred to deferred criminal jurisdiction involving tribal citizens who commit crimes inside the Muscogee Reservation, allowing them to be prosecuted in the tribal court rather than the city's municipal court.
While the jurisdictional agreement between Tulsa and Muscogee Nation acted as a reaffirmation of tribal sovereignty, Chapman worries how the U.S. Supreme Court's refusal will impact other tribal nations that don't have the same type of agreements.
"Right now, hundreds of state and municipal prosecutors across eastern Oklahoma can cite the two City of Tulsa cases as binding authority to prosecute Indian defendants in Indian country," Chapman said in a statement, referring to the Stitt and O'Brien cases. "Cities like Henryetta and others, which have not undertaken Tulsa's jurisdictional reforms, have published state court opinions authorizing conduct that violates federal law."
Chapman noted the fight will continue, as tribes must work to, again, defend their sovereignty.
Tulsa Mayor Monroe Nichols did not immediately respond to requests for comment.
Background on the case
Keith Stitt, a Cherokee Nation citizen, received a speeding ticket from a Tulsa police officer for traveling 28 miles per hour over the speed limit within the Muscogee Nation reservation on Feb. 3, 2021.
Stitt didn't think Tulsa municipal prosecutors had the authority to pursue the ticket because of the McGirt decision, which reaffirmed the Muscogee Nation reservation. So, he filed multiple motions to dismiss, arguing the City of Tulsa could not prosecute him because he was a tribal citizen who committed a crime on tribal land — and, therefore, they lacked jurisdiction.
Municipal Judge Mitchell McCune denied the motions in 2022, citing the Curtis Act, which was enacted more than 125 years ago — before Oklahoma became a state — and dealt a significant blow to tribal sovereignty by ceding the power of "Indian Territory" affairs to Congress. Stitt was then later convicted and fined $250.
Stitt ultimately appealed his case to the Oklahoma Court of Criminal Appeals and lost earlier this year.
Then he tried again with the US Supreme Court, asking them to consider the question: "whether a state may exercise criminal jurisdiction over an Indian for conduct in Indian country absent a valid congressional grant of authority." They denied his petition on Monday.
His latest petition and denial follow the City of Tulsa and Muscogee Nation's agreement, which was criticized by his brother, Gov. Kevin Stitt.
Gov. Stitt called the settlement agreement a "public safety issue" in a press release, saying it "made Tulsa a sanctuary city with two systems of justice. One for those with tribal membership and one for everyone else."
He has also spoken negatively about his brother's legal battle.
The agreement, however, paved the way for Keith Stitt's ticket to be dissolved in the City of Tulsa court and transferred to the Muscogee tribal court.
