No. 21-6889

Michael D. Lowery v. Oklahoma

Lower Court: Oklahoma
Docketed: 2022-01-18
Status: Denied
Type: IFP
IFP
Tags: choctaw-indians congress-authorization criminal-jurisdiction reservation treaty-of-dancing-rabbit-creek united-states
Latest Conference: 2022-03-18
Question Presented (from Petition)

(1) whether Article 4 of the Treaty of Dancing Rabbit Creek, 7 Stat. 333 reserves criminal jurisdiction to the United States or Choctaw Nation without the boundaries of the reservation?

(2) whether to exercise jurisdiction over crimes committed by Choctaw Indians, their descendants, Choctaw freedmen or Choctaw Indian tribal members wherever committed?

(3) Whether Oklahoma may refuse to apply this Court's McGirt v. Oklahoma, 140 S.Ct. 2452 and Montgomery v. Louisiana holdings to a final conviction?

Question Presented (AI Summary)

Whether Article 1 of the Treaty of Dancing Rabbit Creek reserves criminal jurisdiction to the United States over crimes committed by a Choctaw Indian or his descendants against a citizen of the United States when said crimes occurred without the boundaries of the reservation

Docket Entries

2022-03-21
Petition DENIED.
2022-03-03
DISTRIBUTED for Conference of 3/18/2022.
2022-01-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 17, 2022)

Attorneys

Michael Lowery
Michael Deangelo Lowery — Petitioner