No. 22-6796

Marty Allen Owens v. Rick Whitten, Warden

Lower Court: Tenth Circuit
Docketed: 2023-02-16
Status: Denied
Type: IFP
IFP
Tags: cherokee-nation constitutional-rights double-jeopardy due-process major-crimes-act mcgirt-decision subject-matter-jurisdiction tribal-membership
Key Terms:
HabeasCorpus
Latest Conference: 2023-04-14
Question Presented (AI Summary)

Did the McGirt v. Oklahoma, 140 S.Ct. 2452 (2020) decision embrace the Major Crimes Act, 18 U.S.C. §1153(a), to the Territory of the State Of Oklahoma?

Question Presented (OCR Extract)

Question Presented Did the McGirt v. Oklahoma, 140 S.Ct. 2452 (2020) decision, embrace, include within, annex to, the Major Crimes Act, 18 U.S.C. §1153(a), to the Territory of the State Of Oklahoma by leaving unlawful prosecutions in state courts in place? Did the McGirt 140 S.Ct. 2452 (2020) decision apply the Major Crimes Act as to its “usual terms”? Making the decision a substantive rule of law. Did the Courts of Justice violate petitioner’s constitutional rights, by not establishing subject matter jurisdiction even though the trial court had the Cherokee Nation Tags, Title to the 2006 Toyota Tundra truck, and the Tribal Membership Cards, CDIB at the time of the crime? Is this conviction and sentence invalid under the law? e . ; ii :

Docket Entries

2023-04-17
Petition DENIED.
2023-03-30
DISTRIBUTED for Conference of 4/14/2023.
2023-01-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 20, 2023)

Attorneys

Marty Allen Owens
Marty Allen Owens — Petitioner
Marty Allen Owens — Petitioner