No. 21-6331

Byron White v. Oklahoma

Lower Court: Oklahoma
Docketed: 2021-11-18
Status: Denied
Type: IFP
IFP
Tags: collateral-review criminal-procedure due-process jurisdiction mcgirt-decision post-conviction-relief procedural-defenses retroactivity subject-matter-jurisdiction teague-exception tribal-sovereignty
Key Terms:
HabeasCorpus Privacy
Latest Conference: 2022-01-14
Question Presented (AI Summary)

Whether respondent waived/forfeited any of its 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

Docket Entries

2022-01-18
Petition DENIED.
2021-12-30
DISTRIBUTED for Conference of 1/14/2022.
2021-11-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2021)

Attorneys

Byron White
Byron White — Petitioner
Byron White — Petitioner