No. 21-7257

Jimmy Dale Stone v. Oklahoma

Lower Court: Oklahoma
Docketed: 2022-03-02
Status: Denied
Type: IFP
IFP
Tags: Criminal-Jurisdiction Due-Process Fourteenth-Amendment Indian-Status native-american-rights post-conviction-relief Public-Law-83-280 Treaty-Provisions
Latest Conference: 2022-04-29
Question Presented (from Petition)

1) Did the Oklahoma Court of Criminal Appeals violate Mr. Stone's Fourteenth Amendment right to Due Process by:
a) affirming the district court's Denial of Mr. Stone's application for Post-Conviction relief even though Mr. Stone had shown prima facie evidence of his Indian Status and the locale of the alleged Crime?
b) affirming the district court's decision to deny Mr. Stone's application for Post-Conviction based on the erroneous legal analysis in State ex rel. Matloff v. Wallace, 2021 OK CR 21, P.3d?

2) Whether Oklahoma courts may exercise criminal jurisdiction over a Choctaw Indian in violation of treaty provisions between the Choctaw Indians and the United States?

3) Does U.S. Constitution Art. 1, Section 8, deny criminal jurisdiction to any State absent a grant by Congress?

4) Since the State of Oklahoma did not enact Public Law 83-280, how can the State exercise jurisdiction over Indian territory?

Question Presented (AI Summary)

Did the Oklahoma Court of Criminal Appeals violate Mr. Stone's Fourteenth-Amendment-right-to-Due-Process

Docket Entries

2022-05-02
Petition DENIED.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2022-02-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2022)

Attorneys

Jimmy Dale Stone
Jimmy Dale Stone — Petitioner