2021-2022 Term
Supreme Court Cases Related to Indian Law
Cert Granted
Subject Matter: Double jeopardy
Question Presented: Is the Court of Indian Offenses of Ute Mountain Ute Agency a federal agency such that Merle Denezpi's conviction in that court barred his subsequent prosecution in a United States District Court for a crime arising out of the same incident?
History: Petition was filed on 3/26/21. Petition was granted on 10/18/21. Case was decided on 6/13/22.
Ruling Below: United States v. Denezpi, 979 F.3d 777.
Subject Matter: State criminal jurisdiction in Indian country
Questions Presented: Whether a State has authority to prosecute non-Indians who commit crimes against Indians in Indian Country. Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 9/17/21. Petition was granted on 1/21/22. Case was decided on 6/29/22.
Ruling Below: Castro-Huerta v. State, 2021 WL 8971915.
Subject Matter: Indian gaming
Question Presented: Whether the Restoration Act provides the Pueblo with sovereign authority to regulate non-prohibited gaming activities on its lands (including bingo), as set forth in the plain language of Section 107(b), the Act's legislative history, and this Court's holding in California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987), or whether the Fifth Circuit's decision affirming Ysleta I correctly subjects the Pueblo to all Texas gaming regulations.
History: Petition was filed on 10/9/20. Petition was granted on 10/18/21. Case was decided on 6/15/22.
Ruling Below: State of Texas v. Ysleta del Sur Pueblo, 955 F.3d 408.
Petitions Related to Oklahoma v. Castro-Huerta
On June 30, 2022, the day after it issued its Castro-Huerta decision, the Court granted certiorari in these cases, vacated and remanded the cases to the Oklahoma Court of Criminal Appeals for reconsideration in light of Castro-Huerta.
Subject Matter: State criminal jurisdiction in Indian country
History: Petitions were filed August 21, 2021 – January 26, 2022. Petition was granted on 6/30/22. Judgment vacated and and case remanded for further consideration in light of Oklahoma v. Castro-Huerta (See GRV order).
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Cert Denied
Subject Matter: Judicial immunity from suit
History: Petition was filed on 3/14/22. Petition was denied on 6/21/22.
Ruling Below: Acres Bonusing, Inc. v. Marston. 17 F.4th 901.
Subject Matter: Indian Civil Rights Act habeas corpus
History: Petition was filed on 4/13/22. Petition was denied on 6/21/22.
Ruling Below: Adams v. Dodge. 2021 WL 458394.
Subject Matter: State taxation in Indian country
History: Petition was filed on 3/22/22. Petition was denied on 5/16/22.
Ruling Below: 68 Cal.App.5th 692.
Subject Matter: Alaska Native Claims Settlement Act
History: Petition was filed on 4/21/22. Petition was denied on 6/27/22.
Ruling Below: 2021 WL 5917595.
Subject Matter: Preemption of state regulation
History: Petition was filed on 11/4/21. Petition was denied on 2/22/22.
Ruling Below: 1 F.4th 710. Big Sandy Rancheria Enterprises v. Bonta.
Subject Matter: Federal recognition
History: Petition was filed on 1/14/22. Petition was denied on 3/28/22.
Ruling Below: Shingle Springs Band of Miwok Indians v. Cabellero. 2021 WL 4938130.
Questions Presented: Federal income tax
History: Petition was filed on 8/13/21. Petition was denied on 10/12/21.
Ruling Below: 990 F.3d 1296.
Subject Matter: National Environmental Policy Act (NEPA); Treaty rights
History: Petition was filed on 9/20/21. Petition was denied on 2/22/22.
Ruling Below: 985 F.3d 1032. Standing Rock Sioux Tribe v. United States Army Corps of Engineers.
Subject Matter: Constitutional law
History: Petition was filed on 8/23/21. Petition was denied on 1/10/22.
Ruling Below: Grand River Enterprises Six Nations, LTD. v. Boughton. 988 F.3d 114.
Subject Matter: Federal criminal jurisdiction
History: Petition was filed on 10/4/21. Petition was denied on 1/10/22.
Ruling Below: 997 F.3d 292. United States v. Haggerty.
Questions Presented: Water rights
History: Petition was filed on 10/5/21. Petition was denied on 3/21/22.
Ruling Below: 991 F.3d 216. Hawkins v. Haaland.
Subject Matter: Treaty fishing rights at Usual and Accustomed fishing places
History: Petition was filed on 12/17/21. Petition was denied on 2/22/22.
Ruling Below: 849 Fed.Appx. 216.
Subject Matter: Tribal sovereign immunity from suit
History: Petition was filed on 4/21/21. Petition was denied on 10/4/21.
Ruling Below: 974 F.3d 984. Jamul Action Committee v. Simermeyer.
Subject Matter: Reservation boundaries
History: Petition was filed on 12/16/21. Petition was denied on 4/18/22.
Ruling Below: 1 F.4th 673.
Subject Matter: Civil Rights Act, Tribal sovereign immunity from suit
History: Petition was filed on 6/25/21. Petition was denied on 10/4/21.
Ruling Below: 845 Fed.Appx. 260.
Questions Presented: Reservation status
History: Petition was filed on 11/19/21. Petition was denied on 2/28/22.
Ruling Below: 998 F.3d 269. Little Traverse Bay Bands of Odawa Indians v. Whitmer.
Subject Matter: Reservation status; Treaty fishing rights
History: Petition was filed on 12/3/21. Petition was denied on 4/18/22.
Ruling Below: 3 F.4th 484. Penobscot Nation v. Frey.
Subject Matter: Federal taxation
History: Petition was filed on 3/31/21. Petition was denied on 10/4/21.
Ruling Below: 970 F.3d 148. Perkins v. Commissioner of Internal Revenue.
Subject Matter: Res judicata, Tribal hunting and gathering rights
History: Petition was filed on 2/10/22. Petition was denied on 3/21/22.
Ruling Below: Snoqualmie Indian Tribe v. State of Washington. 8 F.4th 853.
Subject Matter: Alaska Native fishing rights; State criminal jurisdiction
History: Petition was filed on 1/19/22. Petition was denied on 4/25/22.
Ruling Below: Scudero v. State of Alaksa. 496 P.3d 381.
Subject Matter: Tribal sovereign immunity from suit
History: Petition was filed on 9/27/21. Petition was denied on 2/22/22.
Ruling Below: 60 Cal.App.5th 209. Self v. Cher-Ae Heights Indian Community of the Trinidad Rancheria.
Subject Matter: Res judicata, Tribal hunting and gathering rights
History: Petition was filed on 3/11/22. Petition was denied on 4/25/22.
Ruling Below: Snoqualmie Indian Tribe v. State of Washington. 8 F.4th 853.
Subject Matter: Federal recognition, land-into-trust
History: Petition was filed on 11/8/21. Petition was denied on 1/10/22.
Ruling Below: 994 F.3d 616.
Subject Matter: Indian Gaming Regulatory Act; Indian lands
History: Petition was filed on 11/17/21. Petition was denied on 1/10/22.
Ruling Below: 6 F.4th 361.
Subject Matter: Tribal sovereign immunity from suit; arbitration
History: Petition was filed on 2/14/22. Petition was dismissed on 5/18/22.
Ruling Below: 19 F.4th 324.
Questions Presented: Treaty fishing rights
History: Petition was filed on 12/3/21. Petition was denied on 4/18/22.
Ruling Below: Penobscot Nation v. Frey. 3 F.4th 484.
Denied Petitions Related to McGirt v. Oklahoma
Subject Matter: Did the Oklahoma Court of Criminal Appeals violate Mr. Bentley's Fourteenth Amendment right to Due Process by affirming the district court's Denial of Petitioners application for post-conviction relief by a) agreeing with the District Court to continue the evidentiary hearing without allowing Petitioner time to adequately prepare a defense, b) affirming the District Court's decision to not allow Petitioner time to obtain expert witnesses, and c) affirming the District Court's decision to not allow Petitioner ample time to obtain indident legal counsel that is knowledgeable in Indian and Federal law at a critical stage of proceedings? Did the Oklahoma Court of Criminal Appeals violate the U.S. Const. Art. VI cl. 2 in concuring with the state regarding the diminishment of the Citizen Potawotami Nation (CPN) by: allowing the District Court to utilize the Act of 1891 to show when the CPN's boundaries were diminished without presenting the Act of Jan 2, 1975 in which Congress authorized the tribes to reconvey the tracts to the United States, to be held in trust for the tribes? Did the Oklahoma Court of Criminal Appeals violcate the Organic Act of May 2, 1890 and the Enabling Act of June 16, 1906 by affirming the District Court's decision to not allow Petitioner ample time to obtain indigent legal counsel essentially impairing the rights of person or property pertaining to Indians?
History: Petition was filed on 11/10/21. Petition was denied on 1/18/22.
Subject Matter: Whether or not Matloff v. Wallace, 2021 OK CR 21 non-retroactivity decision conflicts with the holding in Sharp v. Murphy, 140 S. Ct. 2412 (2020) and McGirt v. Oklahoma 140 S. Ct. 2452 (2020)? Whether or not Matloff v. Wallace, 2021 OK CR 21 non-retroactivity decision conflicts with United States v. Dashney, 52 F.3d 298, 299 (10th Cir. 1995)? Whether or not 2021 OK CR 21 non-retroactivity decision conflicts with United States v. Johnson 102 S. Ct. 2579 (1982)?
History: Petition was filed on 11/19/21. Petition was denied on 2/22/22.
Subject Matter: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced.
History: Petition was filed on 12/6/21. Petition was denied on 2/22/22.
Subject Matter: Whether McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced.
History: Petition was filed on 11/22/21. Petition was dismissed (Rule 46) on 12/9/21.
Subject Matter: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced. Can a state provide conflicted direct-appeal counsel and then bar a Petitioner from raising a jurisdictional claim for the first time in post-conviction proceedings after a petitioner's conviction becomes final?
History: Petition was filed on 12/15/21. Petition was denied on 2/22/22.
Subject Matter: Whether the State's denial of the post-conviction relief lacked subject matter jurisdiction because the offense occurred in Indian Country and 18 U.S.C. Sec. 1153 provides for exclusive federal jurisdiction and his conviction(s) are void AB INITIO. McGirt v. Oklahoma, 140 S.Ct. 2452 (2020) WL 3848063 (DECIDED JULY 9, 2020) this issue anew in light of McGirt.
History: Petition was filed on 6/4/21. Petition was denied on 10/18/21.
Subject Matter: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced.
History: Petition was filed on 11/22/21. Petition was denied on 2/22/22.
Questions Presented: Whether Respondent waived/forfeited any of its procedural defenses in McGirt's decision and Respondent is procedurally barred from asserting any of its previous procedural defenses that were available against Petitioner's subject matter jurisdiction claim in collateral post conviction proceedings when conviction was final? Whether McGirt v. Oklahoma announced a new vindicative replacement of substantive rule dictated by prior precedent made retroactive by Teague's exception to non-retroactivity? Which Respondent refused to apply retroactively as state post-conviction relief to cases final when McGirt was decided on July 9, 2020? Whether lack of tribes' voluntary consent to state's assumption of criminal jurisdiction and the attempted exercise of judicial power by respondent without tribe's consent is void?
History: Petition was filed on 10/13/21. Petition was denied on 1/10/22.
Questions Presented: Whether Respondent waived/forfeited any of its procedural defenses in McGirt's decision and Respondent is procedurally barred from asserting any of its previous procedural defenses that were available against Petitioner's subject matter jurisdiction claim in collateral post conviction proceedings when conviction was final? Whether McGirt v. Oklahoma announced a new vindicative replacement of substantive rule dictated by prior precedent made retroactive by Teague's exception to non-retroactivity? Which Respondent refused to apply retroactively as state post-conviction relief to cases final when McGirt was decided on July 9, 2020? Whether lack of tribes' voluntary consent to state's assumption of criminal jurisdiction and the attempted exercise of judicial power by respondent without tribe's consent is void?
History: Petition was filed on 10/12/21. Petition was denied on 1/10/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced.
History: Petition was filed on 11/22/21. Petition was denied on 2/22/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was decided.
History: Petition was filed on 12/9/21. Petition was denied on 2/22/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced.
History: Petition was filed on 11/22/21. Petition was denied on 2/22/22.
Questions Presented: Whether Respondent waived/forfeited any of its procedural defenses in McGirt's decision and Respondent is procedurally barred from asserting any of its previous procedural defenses that were available against Petitioner's subject matter jurisdiction claim in collateral post conviction proceedings when conviction was final? Whether McGirt v. Oklahoma announced a new vindicative replacement of substantive rule dictated by prior precedent made retroactive by Teague's exception to non-retroactivity? Which Respondent refused to apply retroactively as state post-conviction relief to cases final when McGirt was decided on July 9, 2020? Whether lack of tribes' voluntary consent to state's assumption of criminal jurisdiction and the attempted exercise of judicial power by respondent without tribe's consent is void?
History: Petition was filed on 11/23/21. Petition was denied on 2/22/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced. Is Oklahoma's decision in Matloff v. Wallace contrary to clearly established Supreme Court law which holds that subject-matter jurisdiction claims can be raised at any time? Does Oklahoma's decision in Matloff v. Wallace serve as an unconstitutional state procedural bar to Petitioner's jurisdictional challenge under McGirt v. Oklahoma?
History: Petition was filed on 11/23/21. Petition was denied on 2/22/22.
Questions Presented: Whether respondent waived/forfeited any of its procedural defenses in McGirt's decision and respondent is procedurally barred from asserting any of its previous procedural defenses that were available against petitioner's subject matter jurisdiction claim in collateral post conviction proceedings when conviction was final? Whether McGirt v. Oklahoma announced a new vindicative replacement of substantive rule dictated by prior precedent made retroactive by Teague's exception to apply retroactively as state post conviction relief to cases final when McGirt was decided on July 9, 2020? Whether lack of Seminole Nations' voluntary consent to shared assumption of subject matter jurisdiction by respondents and attempted exercise of judicial power by respondents is void?
History: Petition was filed on 9/8/21. Petition was denied on 11/15/21.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced? Is Oklahoma's decision in Matloff v. Wallace contrary to clearly established Supreme Court law which holds that subject-matter jurisdiction claims can be raised at any time? Does Oklahoma's decision in Matloff v. Wallace serve as an unconstitutional state procedural bar to Petitioner's jurisdictional challenge under McGirt v. Oklahoma?
History: Petition was filed on 11/16/21. Petition was denied on 2/22/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 8/27/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 8/27/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 10/30/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 9/4/21. Petition was denied on 1/24/22.
Oklahoma v. Bosse
*Rule 46 Voluntary Dismissal
Questions Presented: Whether a State may impose procedural or equitable bars to postconviction relief on the claim that the State lacked prosecutorial authority because the crime of conviction occurred in Indian country. Whether a State has authority to prosecute non-Indians who commit crimes against Indians in Indian country. Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 8/6/21. Petition was dismissed on 9/10/21.
Ruling Below: 484 P.3d 286. Bosse v. State of Oklahoma.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 8/16/21.Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 9/4/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 10/2/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 8/16/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 9/4/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 12/4/21. Petition was denied on 3/21/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 9/24/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 8/27/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 8/27/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 8/16/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 8/16/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 8/16/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 8/27/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 8/27/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 9/4/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 8/16/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 10/30/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 11/12/21. Petition was 2/22/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 9/24/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 10/23/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 9/24/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 11/20/21. Petition was denied on 2/28/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 8/16/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 10/30/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 12/22/21. Petition was denied 3/7/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 11/6/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 8/27/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 9/24/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 1/6/22. Petition was denied 2/22/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 8/27/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 8/28/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 8/16/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 9/4/21. Petition was denied on 1/24/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 11/26/21. Petition was denied 2/28/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 11/6/21. Petition was denied 2/22/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced.
History: Petition was filed on 12/20/21. Petition was denied on 2/22/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced.
History: Petition was filed on 9/27/21. Petition was denied on 1/10/22.
Questions Presented: Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced.
History: Petition was filed on 11/22/21. Petition was denied on 2/22/22.
Questions Presented: Did the Oklahoma Court of Criminal Appeals violate Mr. Stone's Fourteenth Amendment right to Due Process by: a) affirming the district court's Denial of Mr. Stone's application for Post-Conviction relief even though Mr. Stone had shown prima facie evidence of his Indian status and the locale of the alleged Crime? b) affirming the district court's decision to deny Mr. Stone's application for Post-Conviction based on the erroneous legal analysis in State ex. rel. Mattloff v. Wallace, 2021 OK CR 21, __P.3d__? Whether Oklahoma courts may exercise criminal jurisdiction over a Choctaw Indian in violation of treaty provisions between the Choctaw Indians the United States? Does U.S. Constitution Art. 1, Section 8, deny criminal jurisdiction to any State absent a grant by Congress? Since the State of Oklahoma did not enact Public Law 83-280, how can the State exercise jurisdiction over Indian territory?
History: Petition was filed on 2/8/22. Petition was denied on 5/2/22.
Questions Presented: Did the State of Oklahoma's refusal to provide the relief directed by this Court in Terry v. Oklahoma, 141 S. Ct. 191 (2020), rise to the level of a Constitutional violation requiring immediate and direct action by this Court? Does Oklahoma's application of the newly conceived 'procedural bar' espoused in State ex. rel. Wallace v. Matloff, 2021 OK CR 21, __ P.3d__, implicate the Constitutional prohibition against ex post facto laws? Does Oklahoma's application of the newly conceived 'procedural bar' espoused in State ex. rel. Wallace v. Mattloff, 2021 OK CR 21, __ P.3d__, have the collateral consequence in creating a specific, separate, "suspect" class of citizens who are entirely comprised of Native American people?
History: Petition was filed on 12/22/21. Petition was denied on 5/16/22.
Questions Presented: Whether Respondent waived/forfeited any of its procedural defenses in McGirt's decision and Respondent is procedurally barred from asserting any of its previous procedural defenses that were available against Petitioner's subject matter jurisdiction claim in collateral post conviction proceedings when conviction was final? Whether McGirt v. Oklahoma announced a new vindicative replacement of substantive rule dictated by prior precedent made retroactive by Teague's exception to non-retroactivity? Which Respondent refused to apply retroactively as state post-conviction relief to cases final when McGirt was decided on July 9, 2020? Whether lack of tribes' voluntary consent to state's assumption of criminal jurisdiction and the attempted exercise of judicial power by respondent without tribe's consent is void?
History: Petition was filed on 11/4/21. Petition was denied on 1/18/22.
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