No. 18-6311

Winston Ray Walters v. Oklahoma

Lower Court: Oklahoma
Docketed: 2018-10-12
Status: Denied
Type: IFP
IFP
Tags: congress congressional-disestablishment criminal-jurisdiction criminal-law criminal-prosecution disestablishment federal-jurisdiction federal-law habeas-corpus indian-reservation tribal-jurisdiction tribal-member tribal-membership
Key Terms:
HabeasCorpus
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether Congress has disestablished the reservation of the Kiowa-Comanche-Apache Nation in Oklahoma

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Petitioner is a full tribal member of the Comanche Nation. The crimes occurred within the territorial boundary of the Nation Reservation. Under federal law, the State of Oklahoma has no jurisdiction to prosecute a criminal case on an “Indian reservation” committed by a tribal member. This Court has granted certiorari in an Oklahoma capital habeas case on the similar, but distinct, question whether the Creek Nation territorial boundaries in Oklahoma constitute an “Indian reservation” as that term is defined under 18 U.S.C. § 1151(a), and whether Congress has disestablished the reservation. See Terry Royal, Warden, v. Patrick Dwayne Murphy, No. 17-1107 (U.S.) (certiorari granted May 21, 2018). The question presented is: Whether Congress has disestablished the reservation of the Nation in Oklahoma. 1

Docket Entries

2019-01-07
Petition DENIED.
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-10-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2018)

Attorneys

Winston Walters
James L. HankinsHANKINS LAW OFFICE, Petitioner
James L. HankinsHANKINS LAW OFFICE, Petitioner