ERISA DueProcess FourthAmendment HabeasCorpus JusticiabilityDoctri
Whether a state court acting beyond its legislated authority and without subject-matter jurisdiction in the first instance can render a judgment of conviction, if void worthy of 'finality' for the purpose of AEDPA's 1-year statute of limitations?
QUESTION(S) PRESENTED 1. Whether a state court acting beyond its legislated authority and without subject-matter jurisdiction in the first instance can render a judgment of conviction, if void worthy of “finality” for the purpose of AEDPA’s 1-year statute of limitations? Is AEDPA 1-year statute of limitations triggered by a state court that has unlawfully exercised and usurped exclusive : federal criminal jurisdiction in violation of supremacy clause and federal statutes? 2. Whether Oklahoma Court of Criminal Appeals’ ruling that McGirt decision will not be applied “retroactively” to cases on collateral review can cure the fatal defect of a court acting : without legislated jurisdiction where none existed in the first instance? The MCN reservation existed before Oklahoma became a state, exclusive federal jurisdiction through Supremacy Clause and Major Crimes Act immediately applied at statehood, can such a holding of nonretroactivity legally overcome the fact that Congress has never legislated or conferred such jurisdiction on the state of Oklahoma? 3. Whether the passage of time can confer criminal jurisdiction on a state court when it has not been legislated in the first instance? : 4, Whether the Tenth Circuit Court of Appeals and the federal district courts of Oklahoma ruling that a habeas claim predicated upon a convicting court’s lack of subject matter jurisdiction is subject to dismissal for untimeliness is contrary to and conflicts with this Honorable Court’s holding that defects in a court’s subject matter jurisdiction can never be forfeited or waived, and requires correction regardless? 5. Whether Petitioner who is equally/similarly situated as Mr. McGirt is legally entitled to the same equal protection of the law under the 14 Amendment? : 6. Whether Suspension Clause guarantees a certain minimum content of judicial inquiry into the lawfulness of detention? tl