No. 22-5324

Daniel Del Brumit v. Oklahoma

Lower Court: Oklahoma
Docketed: 2022-08-09
Status: Denied
Type: IFP
IFP
Tags: civil-rights criminal-jurisdiction due-process federal-jurisdiction federal-protection indian-law native-american-rights res-judicata reservation-boundaries state-court state-law treaty-interpretation
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Does the AEDPA instruct federal courts to give full faith and credit to State Court judgments and decrees which have clearly on its face usurped exclusive federal jurisdiction over Indians?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 7 1. Under the provisions of the Treaty of Dancing Rabbit Creek, how does the Government and its Citizens have an obligation to protect the Red People and their descendants from State Criminal laws within the Choctaw-Chickasaw reservation boundaries? . 2. On collateral appeal, where in the controlling case a State has discussed or waived all of its defenses, is there equal protection under the law so that res judicata and | collateral estoppel can work for the inmate in the same way it can work against an | inmate? | : | 3. Does the AEDPA instruct federal courts to give full faith and credit to State Court judgments and decrees which have clearly on its face usurped exclusive federal jurisdiction over Indians? : 4, Did the OCCA abuse its discretion and create a defect in the integrity of the post~ conviction procedures to enforce judgments and decrees, against Indians in Indian country, which were decided before McGirt? : | , | | ; Page {of _Vi | B . . may . . Ss ~ .

Docket Entries

2022-10-11
Petition DENIED.
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-07-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2022)
2022-06-23
Application (21A855) granted by Justice Gorsuch extending the time to file until August 29, 2022.
2022-06-02
Application (21A855) to extend the time to file a petition for a writ of certiorari from June 30, 2022 to August 29, 2022, submitted to Justice Gorsuch.

Attorneys

Daniel Del Brumit
Daniel Del Brumit — Petitioner
Daniel Del Brumit — Petitioner