No. 22-6458

Brian L. Melson v. Oklahoma

Lower Court: Oklahoma
Docketed: 2023-01-05
Status: Denied
Type: IFP
IFP
Tags: cherokee-nation criminal-jurisdiction criminal-procedure due-process federal-jurisdiction indian-law major-crimes-act native-american-rights reservation-status tribal-sovereignty united-states-constitution
Latest Conference: 2023-03-03
Question Presented (from Petition)

"Mr. Melson respectfully ask "'- Did Congress ever disestablish the Cherokee Nation and/or Reservation as a sovereign nation, [within the State of Oklahoma ]? If so what was the exact statute and/or Act did Congress enact?

"Mr. Melson respectfully ask "'- When the [Framers of the Oklahoma State Constitution, created and enacted Article I. § 3. [ Unappropriated public lands - - Indian Lands - - Jurisdiction of United States], did the State of Oklahoma and/or its Official(s) "forever" disclaim and/or waive jurisdiction within Indian Country?

"Mr. Melson respectfully ask" [Although the Mr. Melson is Native], is Race a critical element in criminal proceeding(s) within the State of Oklahoma? Or will this destroy a century of justice reform and the abolishment of racism within our Jurisprudence !

"Mr. Melson respectfully ask" What Congressional Law/Statute grants Oklahoma "concurrent jurisdiction " within Indian Country, found within the borders of the State of Oklahoma?

Question Presented (AI Summary)

Whether the State of Oklahoma has the authority to prosecute crimes committed by or against Indians in the Cherokee Reservation

Docket Entries

2023-03-06
Petition DENIED.
2023-02-16
DISTRIBUTED for Conference of 3/3/2023.
2022-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2023)

Attorneys

Brian L. Melson
Brian L. Melson — Petitioner