No. 21-6030

Keith Elmo Davis v. Oklahoma

Lower Court: Oklahoma
Docketed: 2021-10-20
Status: Denied
Type: IFP
IFP
Tags: civil-rights due-process jurisdiction mcgirt-decision post-conviction-relief procedural-defenses retroactivity standing subject-matter-jurisdiction teague-exception tribal-sovereignty
Key Terms:
Privacy
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Whether respondent waived/forfeited procedural defenses

Question Presented (OCR Extract)

QUESTION(S) PRESENTED WHETHER RESPONDENT WAIVED/FORFEITED ANY OF IT’S PROCEDURAL DEFENSES IN McGIRT’S DECISION AND RESPONDENT IS PROCEDURALLY BARRED FROM ASSERTING ANY IF IT’S PREVIOUS PROCEDURAL DEFENSES , THAT WERE AVAILABLE AGAINST PETITIONER’S SUBJECT MATTER | JURISDICTION CLAIM IN COLLATERAL POST CONVICTION PROCEEDINGS | WHEN CONVICTON WAS FINAL? | WHETHER McGIRT V. OKLAHOMA ANNOUNCED A NEW VINDICATIVE REPLACEMENT OF SUBSTANTIVE RULE DICTATED BY PRIOR PRECEDENT MADE RETROACTIVE BY TEAGUE’S EXCEPTION TO NON-RETROACTIVITY? WHICH RESPONDENT REFUSED TO APPLY RETROACTIVELY AS STATE POSTCONVICTION RELIEF TO CASES FINAL WHEN McGIRT WAS DECIDED ON JULY 09, 2020? , | WHETHER LACK OF TRIBES VOLUNTARY CONSENT TO STATE’S ASSUMPTION OF CRIMINAL JURISDICTION AND THE ATEMPTED EXERCISE OF JUDICIAL | POWER BY RESPONDENT WITHOUT TRIBE’S CONSENT IS VOID? , . | | : | | ii , iz Z es | . |

Docket Entries

2022-01-10
Petition DENIED.
2021-12-02
DISTRIBUTED for Conference of 1/7/2022.
2021-10-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 19, 2021)

Attorneys

Keith E. Davis
Keith Elmo Davis — Petitioner
Keith Elmo Davis — Petitioner