Criminal

Federal Court Rejects Canadian Citizen’s Effort to Invoke Right to Cross Border at Akwesasne

Matthew L.M. Fletcher

Here are the materials in Malachowski v. United States (W.D. Okla.):

1 Habeas Petition

9 Magistrate Report

11 Objection

16 DCt Order

Federal Court Dismisses Inmate’s McGirt-Based Habeas Petition as Untimely

Matthew L.M. Fletcher

Here are the materials in Maples v. Whitten (N.D. Okla.):

4 Amended Complaint

9 Motion to Dismiss

14 DCT Order

Oklahoma Criminal Appellate Court Holds State Does Not Enjoy Concurrent Jurisdiction with Feds in Indian Country

Matthew L.M. Fletcher

Here are the materials in Roth v. State of Oklahoma:

occa-opinion-1
appellant brief.pdfDownload
state-brief-1Download
tribal-amicus-briefDownload

State of Oklahoma v. Kepler Cert Petition [Request to Overrule McGirt]

Matthew L.M. Fletcher

Here:

Cert Petition

Question presented:

Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.

Lower court materials (Kepler v. State):

Order

State Brief

Kepler Notice

Leonard Peltier Loses Free Speech Claim over Removal of Paintings from State-Sanctioned Display at the Demand of Law Enforcement

Matthew L.M. Fletcher

Here are the materials in Peltier v. Sacks (W.D. Wash.):

73 state motion for summary j.pdfDownload
79 response.pdfDownload
82 reply.pdfDownload
83 dct order.pdfDownload

Prior post here.

Prisoner Suit against Pokagon Tribal Police in their Individual Capacities Allowed to Proceed

Matthew L.M. Fletcher

Here are the materials in Hartsell v. Shaarf (N.D. Ind.):

20 Amended Complaint

34 Motion to Dismiss

35 DCT Order

Prior post here.

Oklahoma v. Bosse Cert Petition

Matthew L.M. Fletcher

Here:

oklahoma cert petition.pdfDownload

Questions presented:

1. 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.

2. Whether a State has authority to prosecute non-Indians who commit crimes against Indians in Indian country.

3. Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.

Lower court materials here.

Oklahoma Court of Criminal Appeals Rules McGirt Not Retroactive

Matthew L.M. Fletcher

Here are the materials in State ex rel. Matloff v. Wallace:

OCCA Opinion

Oklahoma Brief

Oklahoma AG Amicus Brief

Oklahoma Criminal Defense Lawyers Amicus Brief

Principal Tribal Amicus Brief

Tribal Amicus Brief

Federal Defenders Amicus Brief

Federal Court Rejects McGirt Defenses in Prosecution of Indian Man for Gun Possession

Matthew L.M. Fletcher

Here are the materials in United States v. Billey (N.D. Okla.):

1 Complaint

58 Motion to Vacate Sentence

63 Federal Motion to Dismiss

64 Response

66 DCT Order

Ninth Circuit Briefs in Appeal of Warm Springs Member Attempting to Invoke McGirt to Challenge Federal Prosecution

Matthew L.M. Fletcher

Here are the briefs in United States v. Smith:

Smith Opening Brief

US Answer Brief

Lower court materials here.

UPDATE: Unpublished memorandum here.

En banc petition here:

En banc petition.pdfDownload