No. 21-6301

Travis Wayne Bentley v. Oklahoma

Lower Court: Oklahoma
Docketed: 2021-11-16
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure due-process evidentiary-hearing expert-witnesses fourteenth-amendment indian-federal-law indigenous-rights indigent-legal-counsel post-conviction-relief tribal-jurisdiction
Key Terms:
SocialSecurity HabeasCorpus Patent Privacy JusticiabilityDoctri
Latest Conference: 2022-01-14
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) Did the Oklahoma Court of Criminal Appeals violate Mr. Bentley's Fourteenth Amendment right to Due Process by affirming the district court's Denial of Petitioners application for ; Post-Conviction relief by: a) Agreeing with the District Court to continue the evidentiary hearing without allowing Petitioner time to adequetly prepare a defense? b) Affirming the District Courts decision to not allow Petitioner time to obtain expert : witnesses? c) Affirming the District Courts decision to not allow Petitioner ample time to obtain ) indigent legal counsel that is knowledgable in Indian and Federal law at a critical stage of proceedings? 2) Did the Oklahoma Court of Criminal Appeals violate U.S. Const. Art. VI cl. 2 in concuring with the state regarding the diminishment of the Citizen Pottawatomie Nation (CPN) by: a) Allowing the District Court to utilize the Act of 1891 to show when the CPN's boundaries ; were diminshed without presenting the Act of Jan. 2, 1975 in which congress authorized the tribes to reconvey the tracts to the United States, to be held in trust for the tribes? . 3) Did the Oklahoma Court of Criminal Appeals violate the Organic Act of May 2, 1890 and the Enabling Act of June 16, 1906 by: a) Affirming the District Courts decision to not allow Petitioner ample time to obtain indigent legal counsel essentially impairing the rights of person or property pertaining to Indians? 4) Whether Oklahoma courts may exercise criminal jurisdiction over a Choctaw Indian in violation of treaty provisions between the Choctaw Indians and the United States, and the Citizen Band Potawatomi Indians and the United States? 5) Does U.S. Constitution Art. 1, Section 8 deny criminal jurisdiction to any State absent a grant by Congress? ;

Docket Entries

2022-01-18
Petition DENIED.
2021-12-30
DISTRIBUTED for Conference of 1/14/2022.
2021-11-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 16, 2021)

Attorneys

Travis Wayne Bentley
Travis Wayne Bentley — Petitioner