Oklahoma Criminal Appellate Court Asked to Address Impact of McGirt on Crime Committed on Chickasaw Reservation with Chickasaw Victims

Matthew L.M. Fletcher

Here are materials in Bosse v. State (Okla. Ct. Crim. App.):

Bosse Petition

Order Allowing McGirt Briefing

Bosse Brief

State Brief

Marshall Project Profile of Post-McGirt Criminal Jurisdiction in Oklahoma

Matthew L.M. Fletcher

Here.

And, yes, we know the Marshall Project headline is inaccurate, but High Country News (publishing in tandem with M.P.) did it better: “How the Supreme Court upended a century of federal Indian law.”

 

D.C. Circuit Briefs in Alaska Corps Eligibility for CARES Act Funding

Matthew L.M. Fletcher

Here are the materials in Confederated Tribes of the Chehalis Reservation v. Mnuchin:

Chehalis et al Brief

Navajo et al Brief

NCAI Brief

Case tag here.

United Parcel Service Inc. v. New York Cert Petition

Matthew L.M. Fletcher

Here:

UPS Cert Petition

Appendix

New York Brief in Opposition

Questions presented:

1. The Contraband Cigarette Trafficking Act prohibits the knowing transportation of “a quantity” of more than 10,000 untaxed cigarettes in the “possession” of unauthorized persons. 18 U.S.C. § 2341(2). The first question presented is whether multiple shipments from different shippers may be aggregated to satisfy the 10,000-cigarette threshold.
2. The Prevent All Cigarette Trafficking Act of 2009 exempts UPS by name if its tobacco-delivery agreement with New York is “honored” nationwide. 15 U.S.C. § 376a(e)(3)(B)(ii)(I). The second question presented is whether substantial compliance is a prerequisite to this statutory exemption.

Second Circuit materials here:

CA2 Opinion

UPS Brief

New York Opening Brief

UPS Reply

New York Reply

DCT materials here.

Nobles v. North Carolina Cert Petition

Matthew L.M. Fletcher

Here:

Appendix

Cert Petition

Questions presented:

The Major Crimes Act, 18 U.S.C. § 1153, grants the federal courts exclusive jurisdiction over listed offenses committed by an “Indian.”

The Questions Presented are:
I. How does one determine whether a defendant is an Indian?

II. Is Indian status a jury question?

Lower court materials here.