IN THE COURT OF INDIAN OFFENSES OF THE
CHOCTAW NATION OF OKLAHOMA

Choctaw Nation of Oklahoma,

Plaintiff, VS.

Douglas Dry,
Juanita McConnell and
Rosa Burlison,

Case Nos.CR-95-03 and CR-95-05

Defendants.

CHOCTAW NATION'S RESPONSE TO DEFENDANT'S MOTION FOR SEVERANCE

The Defendant Juanita McConnell has filed a Motion for Severance and the Choctaw Nation objects and in response thereto would show to the Court:

1 . That the Defendants, namely Doug Dry, Juanita McConnell and Rosa Burlison are charged in CRF-95-05 with acting in concert to commit the offenses of creating a public nuisance, disturbing a lawful assembly or meeting, disturbing the peace by the use of abusive, violent or profane language, and using violent, abusive and insulting language toward another person calculated to anger said person or cause a breach of the peace or an assault.

2. Both the defendants McConnell and Burlison are also charged separately in cases numbered CR-95-03 and CR-95-04 respectively, with the offense of resisting a lawful arrest arising out of the offenses set forth in paragraph # 1 above.

3. That all the offenses set forth in paragraphs # 1 and # 2 above were committed in the same general proximity and were committed within one hour of each other and resulted in the tribal police officers arresting both defendants, McConnell and Burlison, for all of the aforesaid offenses.

4. That the defendants McConnell and Burlison have totally failed to allege specific facts or cite authorities tending to establish that they would be prejudiced by a joinder of all the offenses for which they are charged and also, judicial economy requires that only one trial be held.

Wherefore, the Choctaw Nation respectfully objects to the severance of causes CR-9503, CR-95-04 and CR-95-05 and requests that these causes be tried together in one proceeding.

 

CERTIFICATE OF MAILING

I hereby certify that on the 6th day of November, 1995, 1 mailed a true and correct copy of the above Choctaw Nations Response to Defendant's Motion for Severance to Scott Kayla Morrison, P.O. Box 637, Wilburton, OK 74578, with full postage prepaid thereon.

 


IN THE COURT OF INDIAN OFFENSES OF THE
CHOCTAW NATION OF OKLAHOMA

Choctaw Nation of Oklahoma,

Plaintiff,

VS.

Douglas Dry,
Juanita McConnell and
Rosa Burlison,

Case Nos.CR-95-04 and CR-95-05

Defendants.

CHOCTAW NATION'S RESPONSE TO DEFENDANT'S MOTION FOR SEVERANCE

The Defendant Rosa Burlison has filed a Motion for Severance and the Choctaw Nation objects and in response thereto would show to the Court:

1. That the Defendants, namely Doug Dry, Juanita McConnell and Rosa Burlison are charged in CRF-95-05 with acting in concert to commit the offenses of creating a public nuisance, disturbing a lawful assembly or meeting, disturbing the peace by the use of abusive, violent or profane language, and using violent, abusive and insulting language toward another person calculated to anger said person or cause a breach of the peace or an assault.

2. Both the defendants McConnell and Burlison are also charged separately in cases numbered CR-95-03 and CR-95-04 respectively, with the offense of resisting a lawful arrest arising out of the offenses set forth in paragraph # 1 above.

3. That all the offenses set forth in paragraphs # 1 and # 2 above were committed in the same general proximity and were committed within one hour of each other and resulted in the tribal police officers arresting both defendants, McConnell and Burlison, for all of the aforesaid offenses.

4. That the defendants McConnell and Burlison have totally failed to allege specific facts or cite authorities tending to establish that they would be prejudiced by a joinder of all the offenses for which they are charged and also, judicial economy requires that only one trial be held.

Wherefore, the Choctaw Nation respectfully objects to the severance of causes CR-95-03, CR-95-04 and CR-95-05 and requests that these causes be tried together in one proceeding.

 

CERTIFICATE OF MAILING

I hereby certify that on the 6th day of November, 1995, 1 mailed a true and correct copy of the above Choctaw Nations Response to Defendant's Motion for Severance to Scott Kayla Morrison, P.O. Box 637, Wilburton, OK 74578, with full postage prepaid thereon.