Cherokee Habeas Petitioner’s Claim under McGirt Dismissed as Time-Barred

Here are the materials in Berry v. Bragg (N.D. Okla.):

9 Motion to Dismiss

14 Response

16 Reply

22 DCT Order

Federal Court Denies Duane Big Eagle’s Section 2255 Motion

Here are the materials in Big Eagle v. United States (D. S.D.):

2 Motion to Vacate Conviction

17 US Response

24 DCT Order

An excerpt:

Big Eagle now has filed a motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 in this case. CIV Doc. 1. Big Eagle in his motion raised five grounds, all of which contended that his trial counsel provided ineffective assistance to him. CIV Doc. 1 at 5-6. Big Eagle filed a Memorandum of Law supporting the § 2255 motion. CIV Doc. 2. This Court screened the case and ordered the Government to file a response. CIV Doc. 7. The Government resisted the motion, CIV Doc. 17, and filed an affidavit signed by Big Eagle’s trial counsel disputing Big Eagle’s contentions. CIV Doc. 17-2. Big Eagle filed a reply thereafter. CIV Doc. 20. For the reasons explained herein, this Court denies Big Eagle’s § 2255 motion.

Earlier, related materials here.

Ghost Bear v. US: Federal Habeas Denied

Here are the materials in Ghost Bear v. United States (D. S.D.):

2 Petition

22 MJ R&R

27 DCT Order