No. 22-6458

Brian L. Melson v. Oklahoma

Lower Court: Oklahoma
Docketed: 2023-01-05
Status: Denied
Type: IFP
IFP
Tags: cherokee-nation criminal-jurisdiction criminal-procedure due-process federal-jurisdiction indian-law major-crimes-act native-american-rights reservation-status tribal-sovereignty united-states-constitution
Key Terms:
DueProcess Patent Privacy JusticiabilityDoctri
Latest Conference: 2023-03-03
Question Presented (AI Summary)

Whether the State of Oklahoma has the authority to prosecute crimes committed by or against Indians in the Cherokee Reservation

Question Presented (from Petition)

No question identified. : MR. MELSON PRESENTS THE FOLLOWING QUESTION(s): . 1. “Mr. Melson respectfully ask”. Did Congress ever disestablish the Cherokee Nation and/or Reservation as a sovereign nation, [within the State of Oklahoma]? If so what was the exact statute and/or Act did Congress enact? 2. “Mr. Melson respectfully ask”. When the [F/ramers of the Oklahoma State Constitution, created and enacted Article L § 3, (Unappropriated public lands Indian Lands Jurisdiction of United States], did the State of Oklahoma and/or its Official(s) “forever” disclaim and/or waive jurisdiction within Indian Country? ? 3. “Mr. Melson respectfully ask”. [Although the Mr. Melson is Nativel, is [Rlace a critical element in criminal proceeding(s) within the State of Oklahoma? Or will this destroy a century of justice reform and the abolishment of racism within our Jurisprudence? * 4 “Mr. Melson respectfully ask”. What Congressional Law/Statute grants Oklahoma “concurrent jurisdiction” within Indian Country, found within the borders of the State of Oklahoma? 4 ii 2 As Congress took care to require Oklahoma to agree and declare that it would forever disclaim all right and title in or to ... all lands lying within [the State’s] limits owned or held by any Indian, tribe, or nation. 34 Stat. 270. > Quoting the Honorable Neil Gorsuch 3 This question is extremely vital to the Petitioner’s case as he was personally racially discriminated against be the State Judge(s) in this case. The Black Lives Mater Organization has completely deterred the Court(s) from racially discriminating against Americans of color, (black), and the Courts have now turned their racism towards Native American(s). This “critical” element adopted by Oklahoma will subject every citizen to racism for an eternity and/or until this Honorable Court removes the race from the elements and mandates that the Federal Government has sole jurisdiction of Major Crimes Act and the Tribes have sole jurisdiction pursuant to the General Crimes Act. Oklahoma simply has zero jurisdiction within Indian country, regardless of race. 4 This question arises from this Honorable Court’s ruling of “Oklahoma vs. Castro-Huerta” No. 21-429 (April 27, 2022). Page 2 of 25

Docket Entries

2023-03-06
Petition DENIED.
2023-02-16
DISTRIBUTED for Conference of 3/3/2023.
2022-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2023)

Attorneys

Brian L. Melson
Brian L. Melson — Petitioner
Brian L. Melson — Petitioner