No. 21-5681

Joe Johnson, Jr. v. Oklahoma

Lower Court: Oklahoma
Docketed: 2021-09-15
Status: Denied
Type: IFP
IFP
Tags: civil-procedure collateral-post-conviction mcgirt-decision post-conviction-relief procedural-defenses retroactivity seminoles-nation-consent subject-matter-jurisdiction teague-exception
Key Terms:
Privacy
Latest Conference: 2021-11-12
Question Presented (from Petition)

WHETHER RESPONDENT WAIVED/FORFEITED ANY OF IT'S
PROCEDURAL DEFENSES IN McGIRT 'S DECISION AND RESPONDENT
IS PROCEDURALLY BARRED FROM ASSERTING ANY IF IT'S PREVIOUS
PROCEDURAL DEFENSES THAT WERE AVAILABLE AGAINST
PETITIONER 'S SUBJECT MATTER JURISDICTION CLAIM IN
COLLATERAL POST CONVICTION PROCEEDINGS WHEN CONVICTION
WAS FINAL ?

WHETHER McGIRT V. OKLAHOMA ANNOUNCED A NEW VINDICATIVE
REPLACEMENT OF SUBSTANTIVE RULE DICTATED BY PRIOR
PRECEDENT MADE RETROACTIVE BY TEAGUE 'S EXCEPTION TO NON
RETROACTIVITY ? WHICH RESPONDENT REFUSED TO APPLY
RETROACTIVELY AS STATE POSTCONVICTION RELIEF TO CASES
FINAL WHEN McGIRT WAS DECIDED ON JULY 09, 2020 ?

WHETHER LACK OF SEMINOLES NATIONS VOLUNTARY CONSENT TO
SHARED ASSUMPTION OF SUBJECT MATTER JURISDICTION BY
RESPONDENTS AND ATTEMPTED EXERCISE OF JUDICIAL POWER BY
RESPONDENTS IS VOID ?

Question Presented (AI Summary)

whether-respondent-waived-forfeited-procedural-defenses

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-09-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2021)

Attorneys

Joe Johnson
Joe Johnson Jr. — Petitioner