No. 21-7144

Robert James Grass v. Oklahoma

Lower Court: Oklahoma
Docketed: 2022-02-17
Status: Denied
Type: IFP
IFP
Tags: cherokee-status criminal-jurisdiction due-process fourteenth-amendment indian-status post-conviction-relief state-courts treaty-provisions
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-04-22
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) Did the Oklahoma Court of Criminal Appeals violate Mr. Grass' Fourteenth Amendment right to Due Process by: . a) affirming the district court's Denial of Mr. Grass’ application for Post-Conviction relief : even though Mr. Grass had shown prima facie evidence of his Indian Status and the locale of the alleged Crime? b) affirming the district court's decision to deny Mr. Grass' application for Post-Conviction based on the erroneous legal analysis in State ex rel. Matloff v. Wallace, 2021 OK CR 21, __ P3d_? ; 2) Whether Oklahoma courts may exercise criminal jurisdiction over a Cherokee Indian in violation of treaty provisions between the Cherokee Indians and the United States? 3) Does U.S. Constitution Art. 1, Section 8, deny criminal jurisdiction to any State absent a grant by Congress?

Docket Entries

2022-04-25
Petition DENIED.
2022-04-07
DISTRIBUTED for Conference of 4/22/2022.
2021-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 21, 2022)

Attorneys

Robert James Grass
Robert James Grass — Petitioner
Robert James Grass — Petitioner