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Online courts records show that the attorney for a Nowata County woman who allegedly shot and killed her daughter has filed a motion to dismiss first degree murder charges. Winston Connor II filed the motion in Nowata County court on Thursday citing that both Moffett and the victim are Cherokee Nation citizens.

Connor argued the recent United States Supreme Court ruling McGirt v. Oklahoma is grounds for dismissal. The attorney says Nowata County lacks the jurisdiction to prosecute Moffett and that the crime occurred on what is considered ‘Indian Land’.

Moffett most recently appeared in court on July 14. It is alleged that she shot and killed her daughter in October 2018. Investigators initially thought it was an accident but murder charges were filed in June 2019.