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

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

Here:

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

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

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

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UPDATE: Unpublished memorandum here.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:

Michigan SCT Holds KBIC Workers Did Not Violate State Tobacco Law When Transporting Unstamped Smokes

Here is the opinion and the materials in People v. Magnant:

Mich SCT Opinion

Davis Brief

Magnant Brief

State Brief

Magnant Reply

Davis Reply

Prior post here.

Alaska SCT Rules against Metlakatla Fisher

Here are the available materials in Scudero v. State:

Opinion

Metlakatla Amicus Brief

State Supplemental Brief

Scudero Supplemental Brief

Oklahoma Court of Criminal Appeals Affirms Conviction of Cherokee Freedmen Descendant

Here is the opinion in Parker v. State of Oklahoma.

Briefs:

Appellant Brief

Appellee Brief not available

Reply

State Brief after Remand

Parker Brief after Remand

Denezpi v. United States — Cert Petition re: CFR Courts as Federal Courts

Here is the petition and appendix:

Cert Petition

Appendix

Lower court materials here.

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?

Update:

Federal Opposition Brief