No. 21-6680

Jemaine Monteil Cannon v. Oklahoma

Lower Court: Oklahoma
Docketed: 2021-12-20
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure direct-appeal final-conviction jurisdiction jurisdictional-claim mcgirt-retroactivity post-conviction postconviction-proceeding retroactivity right-to-counsel state-procedure
Latest Conference: 2022-02-18
Question Presented (from Petition)

1. Whether McGirt v. Oklahoma , 140 S. Ct. 2452 (2020), applies retroactively to convictions that were final when McGirt was announced.

2. Can a state provide conflicted direct-appeal counsel and then bar a Petitioner from raising a jurisdictional claim for the first time in postconviction proceedings after a petitioner's conviction becomes final?

Question Presented (AI Summary)

Whether McGirt v. Oklahoma applies retroactively to final convictions

Docket Entries

2022-02-22
Petition DENIED.
2022-02-03
DISTRIBUTED for Conference of 2/18/2022.
2022-01-28
Reply of petitioner Jemaine M. Cannon filed.
2022-01-18
Brief of respondent Oklahoma in opposition filed.
2021-12-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 19, 2022)

Attorneys

Jemaine M. Cannon
Emma Victoria RollsFederal Public Defender's Office, Petitioner
Oklahoma
Mithun MansinghaniSolicitor General, Respondent