Looks like Emergency did not know how to heed a warning!
Looks like Emergency did not know how to heed a warning!
An uninformed opponent is a dangerous opponent.
"Y'all be makin shit up" ~ Markeith Loyd
On October 11, 2016, Johnson's habeas petition was DENIED in Federal District Court.
https://docs.justia.com/cases/federa...00016/34172/61
On November 10, 2016, Johnson filed an appeal before the US Court of Appeals for the Tenth Circuit.
https://dockets.justia.com/docket/ci...s/ca10/16-5165
On November 13, 2018, oral argument will be heard in Johnson's appeal before the Tenth Circuit.
https://www.ca10.uscourts.gov/sites/...r_2018_Cal.pdf
Johnson's panel will be made up of Judges Tymkovich (G.W. Bush), Lucero (Clinton) and Matheson (Obama).
https://www.ca10.uscourts.gov/sites/...2018_Final.pdf
In today's opinions, the Tenth Circuit affirmed the District Court's denial of habeas relief for Johnson.
https://cases.justia.com/federal/app...?ts=1553011232
Don't ask questions, just consume product and then get excited for next products.
"They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters
On April 29, 2019, the Tenth Circuit DENIED Johnson's petition for en banc rehearing.
https://www.supremecourt.gov/DocketP...me%20FINAL.pdf
On November 25, 2019, the United States Supreme Court DENIED Johnson's petition for certiorari.
Lower Ct: United States Court of Appeals for the Tenth Circuit
Case Numbers: (16-5165)
Decision Date: March 19, 2019
Rehearing Denied: April 29, 2019
https://www.supremecourt.gov/search....c/19-6101.html
U.S. Supreme Court deems half of Oklahoma a Native American reservation
By Lawrence Hurley
Reuters
The U.S. Supreme Court on Thursday recognized about half of Oklahoma as Native American reservation land and overturned a tribe member’s rape conviction because the location where the crime was committed should have been considered outside the reach of state criminal law.
The justices ruled 5-4 in favor of a man named Jimcy McGirt and agreed that the site of the rape should have been recognized as part of a reservation based on the historical claim of the Muscogee (Creek) Nation - beyond the jurisdiction of state authorities. Conservative Justice Neil Gorsuch joined the court’s four liberals in the majority.
The ruling means that for the first time much of eastern Oklahoma is legally considered reservation land. More than 1.8 million people live in the land at issue, including roughly 400,000 in Tulsa, Oklahoma’s second-largest city.
Tribe members who live within the boundaries are now set to become exempt from certain state obligations such as paying state taxes, while certain Native Americans found guilty in state courts may be able to challenge their convictions on jurisdictional grounds.
The tribe also may obtain more power to regulate alcohol sales and expand casino gambling.
The ruling could affect the other four of the “Five Tribes” in Oklahoma: the Cherokee, Chickasaw, Choctaw and Seminole tribes.
The ruling voided McGirt’s sentence of 1,000 years in prison but he could face a new trial in federal court rather than state court.
Under U.S. law, tribe members who commit crimes on tribal land cannot be prosecuted in state courts and instead are subject to federal prosecution, which sometimes can be beneficial to defendants. Reservations were established beginning in the 19th century after U.S. authorities expelled Native Americans from their traditional lands.
McGirt, 71, has served more than two decades in prison after being convicted in 1997 in Wagoner County in eastern Oklahoma of rape, lewd molestation and forcible sodomy of a 4-year-old girl. McGirt, who did not contest his guilt in the case before the justices, had appealed a 2019 ruling by a state appeals court in favor of Oklahoma.
McGirt is a member of the Seminole Nation. The crime occurred on land historically claimed by the Creek Nation.
At issue was whether the Muscogee (Creek) Nation territory where the crime was committed should be considered a Native American reservation or whether Congress eliminated that status around the time Oklahoma became a state in 1907.
Oklahoma argued that the Creek Nation never had a reservation. But even if one existed, the state and President Donald Trump’s administration argued it long ago was eliminated by Congress.
The justices weighed a complex historical record that started with the forced relocation by the U.S. government of Native Americans, including the Creek Nation, to Oklahoma in a traumatic 19th century event known as the “trail of tears.”
A reservation is land managed by a tribe under the federal Bureau of Indian Affairs and generally exempt from state jurisdiction including taxation.
https://www.reuters.com/article/us-u...-idUSKBN24A268
"There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche
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