No. 22-7790

Lancey Darnell Ray v. Oklahoma

Lower Court: Oklahoma
Docketed: 2023-06-15
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: active-duty-service-members actual-innocence criminal-jurisdiction criminal-procedure due-process forensic-pathology medical-examiners military-jurisdiction state-medical-examiners veterans
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2024-01-19 (distributed 2 times)
Question Presented (AI Summary)

Whether Oklahoma Courts can exercise criminal jurisdiction over active duty service members and dependents, and Veterans, based on opinions of state medical examiners without jurisdiction

Question Presented (OCR Extract)

QUESTIONS PRESENTED Active duty service members, ie., Airmen, Soldiers, Marines, Sailors, and : Space Force alike, with civilian dependents stationed in the continental United States at installations garrisoned by units of the armed forces that are under the exclusive jurisdiction of the United States, oftentimes reside in adjacent local communities outside the installation. Veterans of Foreign Wars and Veterans, after completion of service, oftentimes remain to reside in adjacent local communities, but rely on health care providers at medical facilities on the installation. 1. Whether Oklahoma Courts, under state law, can properly exercise criminal . jurisdiction involving a “separable controversy”, over active duty service members and dependents, and Veterans detained in state custody, based on opinions of state medical examiners where state medical examiners are without jurisdiction to conduct a forensic pathology investigation, whereas federal law provides for a complete forensic pathology investigation by the Armed Forces Medical Examiner. 2. Whether the Oklahoma Court of Appeals’ legal analysis regarding claims of actual innocence comport with the Supreme Court of the United States holding in House v. Bell, 547 U.S. 518, 126 S. Ct. 2064, 165 L. Ed. 2d 1 (2006). 3. Does the term “willful”, as it is employed in the context of Okla. Stat. tit 21 Sec 701.7, subsection C, comport with Fourteenth Amendment Due Process. — Nothing Follows—— i

Docket Entries

2024-01-22
Rehearing DENIED.
2024-01-03
DISTRIBUTED for Conference of 1/19/2024.
2023-10-25
2023-10-02
Petition DENIED.
2023-07-27
DISTRIBUTED for Conference of 9/26/2023.
2023-06-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 17, 2023)

Attorneys

Lancey Darnell Ray
Lancey Darnell Ray — Petitioner
Lancey Darnell Ray — Petitioner