No. 23-7755

Anthony Raymoné Clark v. Oklahoma

Lower Court: Oklahoma
Docketed: 2024-06-18
Status: Denied
Type: IFP
IFP
Tags: appeal appeal-process criminal-procedure district-court due-process due-process,civil-procedure,post-conviction,appeal final-judgment impediment post-conviction post-conviction-procedure procedural-rules
Latest Conference: 2024-09-30
Question Presented (from Petition)

1. Is it an abuse of discretion and are these contrary act(s) of federal law and treaty by the lower court a negligence of "natural law" resulting in violating the 'Equal Protection' Clause and my right(s) as an accused attempting to prove actual innocence and improper jurisdiction? See Treaty at Washington D.C., of1866, U.S. Treaty with the Cherokee Nation Article IV). A treaty, as the law of the land, is superior to any state legislation, see Ware v. Hylton, 3 Dali. 236; 1 Story on Constitution, sect. 1838 and Foster & Elam v. Neilson, 2 Pet. 314; ... "treaty equivalent to an act of legislature... "
I deserve the right for a collateral review, supra, in effort to comply with the exhaustion rule of the higher court. My intent is to submit the Alford Plea to the lower court or in the alternative have this Honorable Court review the ineffective assistance of appellate counsel propositions along with the actual innocence and jurisdiction merits de novo in order to cure this miscarriage of justice freeing me from this false imprisonment.

2. Is this new "grace period " in the language of the legislation, 22 O.S. § 1080.1 unconstitutional in its efforts to maintain countless of false imprisonments in the 'Surplus Lands' now known as the State of Oklahoma against the provisions of The Treaty at Washington D.C., of 1866?

Question Presented (AI Summary)

Whether the trial judge and state's attorney unreasonably created an impediment to the timely submission of a post-conviction application, contrary to the procedural rules

Docket Entries

2024-10-07
Petition DENIED.
2024-08-01
DISTRIBUTED for Conference of 9/30/2024.
2024-06-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 18, 2024)

Attorneys

Anthony R. Clark
Anthony Raymoné Clark — Petitioner