Cherokee Prisoner’s Second Habeas Petition Denied Despite McGirt

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

2 Second Unauthorized Habeas Petition

4 DCT Order

Federal Court Rejects Warm Springs Tribal Member’s Effort to Invoke McGirt to Challenge Federal Criminal Jurisdiction under the ICCA and ACA

Here are the materials in United States v. Smith (D. Or.):

78 Motion to Vacate

84 Response

85 Reply

92 DCT Order

Prior decisions involving the same defendant are here (Ninth Circuit) and here (Oregon appellate court).

Wednesday (1/20) — Lunch in Indian Country CLE: McGirt and Its Impact on Tribal Rights [Tribal In-House Counsel Assn.]

Register here.

I’ll be referencing some new work, here.

Comic book, here.

Federal Court Grants Habeas Petition, Following McGirt

Here are materials in DeerLeader v. Crow (N.D. Okla.):

16 State Response

17 DCT Order

Michigan SCT Orders Briefing on LTBB Reservation Boundaries in Criminal Case

Here is the order in People v. Covey:

Michigan SCT Order

Jonodev Chaudhuri on McGirt in the Harvard Law Review

Jonodev Chaudhuri has published “Reflection on McGirt v. Oklahoma” in the Harvard Law Review Forum.

Harvard Law Review Case Comment on McGirt v. Oklahoma

Here.

Motions to Dismiss State Prosecutions under McGirt

A flurry of motions has come in. Here is the motion to dismiss a criminal complaint on the Cherokee reservation in State of Oklahoma v. Nichols (Tulsa County Dist. Ct.):

Nichols Brief

Here is the motion to dismiss in a case involving a Creek reservation crime where the defendant marked “I” on the racial identity box, State of Oklahoma v. Williams (Tulsa County Dist. Ct.):

Williams Brief

And here is the motion to dismiss in State of Oklahoma v. Shaffer (Tulsa County Dist. Ct.), where the defendant was unenrolled at the time of the crime and is now seeking enrollment at Cherokee:

Shaffer Brief

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

SCOTUS Denies Cert in Oklahoma Tax Case But Justice Thomas Offers a Few Fearmongering Words About McGirt

Here is the statement on the denial of cert in Rogers County Board of Tax Roll Corrections v. Video Gaming Technologies, Inc.:

Justice Thomas Statement on Denial of Cert

Here are the cert stage materials in Rogers.