Robert James Grass v. Oklahoma
HabeasCorpus JusticiabilityDoctri
Did the Oklahoma Court of Criminal Appeals violate Mr. Grass' Fourteenth Amendment right to Due Process?
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?