An Oklahoma appellate court will consider a prosecutor’s argument that the U.S. Supreme Court’s ruling in McGirt v. Oklahoma is not retroactive.

On Friday, the Oklahoma Court of Criminal Appeals granted Pushmataha County District Attorney Mark Matloff’s request for a stay of proceedings in the murder case of Clifton Parish, a member of the Choctaw Nation. Matloff and defense attorney Debra Hampton were directed by the court to file briefs in the case.

In what has become known as the “McGirt Decision,” the U.S. Supreme Court ruled last July that state prosecutors lack jurisdiction for crimes committed on tribal reservations in which the defendants or victims were tribal members. The ruling was initially applicable to only the Muscogee Nation, but has since been applied to four other tribes, including the Seminole Nation.

As a result of McGirt, dozens of criminal convictions have been reversed, creating a massive backlog for federal prosecutors.

In April, a state district judge overturned Parish’s second-degree murder conviction in the 2010 beating and shooting death of Robert Strickland. The judge ruled that since Parish is a member of the Choctaw Nation and the crime occurred within the historic boundaries of the Choctaw Reservation, the state does not have jurisdiction.

Federal murder charges have since been filed against Parish, who entered a plea of not guilty.

In his argument, Matloff says a 10th Circuit Court of Appeals ruling in a separate case found the Supreme Court did not apply its McGirt ruling retroactively.

The court, in its order issued Friday, asked the parties involved to address the relevance of three prior cases, including a U.S. Supreme Court decision issued on Monday from Justice Brett Kavanaugh, who wrote that it was time for the high court to make explicit that new procedural rules “do not apply retroactively on federal collateral review.”

Last fall, the 10th Circuit did not allow David Brian Morgan to use the McGirt decision in a new appeal, saying the U.S. Supreme Court did not explicitly make the McGirt decision retroactive.