Choctaw Nation of Oklahoma,
Plaintiff, VS.
Douglas Dry,
Juanita McConnell and
Rosa Burlison,
Case Nos.CR-95-03 and CR-95-05
Defendants.
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.
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.
Choctaw Nation of Oklahoma,
Plaintiff,
VS.
Douglas Dry,
Juanita McConnell and
Rosa Burlison,
Case Nos.CR-95-04 and CR-95-05
Defendants.
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.
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.