Deerleader v. Crow

Deerleader v. Crow

Case Number:	4:2020cv00172
Filed:	December 14, 2020
Court:	US District Court for the Northern District of Oklahoma
Office:	Tulsa Office
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
January 15, 2021	Filing 17 OPINION AND ORDER by Chief Judge John E Dowdell The petition for writ of habeas corpus (Doc. 1) is granted, in part, as to claim four, and dismissed, in part, as to claims one, two, three, five and six. The judgment and sentence, entered agains t Deerleader in the District Court of Creek County, Case No. CF-2016-319, is invalid and is hereby set aside, and any retrial in state court on the underlying charges in that case is barred, because the State lacked jurisdiction to prosecute Deerlead er for crimes he committed within the boundaries of the Muscogee (Creek) Nation Reservation. Respondent's request to "stay" the grant of habeas relief for 30 days is denied. Respondent shall immediately release Deerleader from state cu stody. No later than 14 days after the entry of this opinion and order, counsel for Respondent shall file written notice of compliance with the writ. ; setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 1/29/2021); granting in part 1 Petition for Writ of Habeas Corpus (2241/2254) (Re: 1 PETITION for Writ of Habeas Corpus - 2254 ) (SAS, Chambers)
December 14, 2020	Filing 15 OPINION AND ORDER by Chief Judge John E Dowdell Respondent's motion to stay (Doc. 11) is denied. No later than 21 days after the entry of this opinion and order, Respondent shall file a limited response demonstrating why this Court should not grant Petitioner's request for federal habeas relief on the basis of the jurisdictional claim asserted in claim four of the petition for writ of habeas corpus. ; setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 1/4/2021); denying 11 Motion to Stay (SAS, Chambers)

Date Filed

Document Text

January 15, 2021

Filing 17 OPINION AND ORDER by Chief Judge John E Dowdell The petition for writ of habeas corpus (Doc. 1) is granted, in part, as to claim four, and dismissed, in part, as to claims one, two, three, five and six. The judgment and sentence, entered agains t Deerleader in the District Court of Creek County, Case No. CF-2016-319, is invalid and is hereby set aside, and any retrial in state court on the underlying charges in that case is barred, because the State lacked jurisdiction to prosecute Deerlead er for crimes he committed within the boundaries of the Muscogee (Creek) Nation Reservation. Respondent's request to "stay" the grant of habeas relief for 30 days is denied. Respondent shall immediately release Deerleader from state cu stody. No later than 14 days after the entry of this opinion and order, counsel for Respondent shall file written notice of compliance with the writ. ; setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 1/29/2021); granting in part 1 Petition for Writ of Habeas Corpus (2241/2254) (Re: 1 PETITION for Writ of Habeas Corpus - 2254 ) (SAS, Chambers)

December 14, 2020

Filing 15 OPINION AND ORDER by Chief Judge John E Dowdell Respondent's motion to stay (Doc. 11) is denied. No later than 21 days after the entry of this opinion and order, Respondent shall file a limited response demonstrating why this Court should not grant Petitioner's request for federal habeas relief on the basis of the jurisdictional claim asserted in claim four of the petition for writ of habeas corpus. ; setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 1/4/2021); denying 11 Motion to Stay (SAS, Chambers)

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