Choctaw Nation of Oklahoma,

Plaintiff,

VS.

Douglas Dry,
Rosie Lee Burlison, and
Juanita McConnell,

Defendants.

No. CR-95-05

To the Honorable Judge of Said Court:

COME NOW Douglas Dry, Rosie Lee Burlison, and Juanita McConnell, defendants in the above styled and numbered cause, by their attorney of record, Scott Kayla Morrison, and move this Court to quash and set aside the information filed herein, charging them with disturbing the peace, and to abate said proceedings as to any further action and represent to the Court as follows:

The information was based on constitutionally protected free speech. Defendants Douglas Dry, Rosie Lee Burlison, and Juanita McConnell have the right to free speech and the right to peaceably assemble under the United States Constitution, the Choctaw Constitution, the Indian Civil Rights Act, 25 U.S.C.Section 1302, and the State of Oklahoma Constitution, and were exercising such rights on the morning September 4, 1995, when arrested by Choctaw Police.
Article IV of the Choctaw Constitution incorporates civil liberties guaranteed by the First Amendment to the U.S. Constitution. Article IV, Section 1, of the Constitution of the Choctaw Nation provides:

"Nothing in this Constitution shall be interpreted in a way which would diminish the rights and privileges that tribal members have as citizens of this Nation, the State of Oklahoma, the United States of America, or under any Act of the Congress of the United States." The First Amendment to the U.S. Constitution states that Congress shall make no law "abridging the freedom of speech, or ... the right of the people peaceably to assemble."

The Indian Civil Rights Act, 25 U.S.C. Section 1302 (1) guarantees that "no Indian tribe in exercising power of self government shall make or enforce any law 11 ... abridging the freedom of speech... or the right of the people to peaceably assemble."

The Choctaw constitution, Article IV, Section 3, provides: "The right that every member has to speak, write or publish his opinions on matters relating to the Choctaw Nation shall not be abridged." In Article IV, Section 4, the Choctaw Constitution guarantees that 'members shall have the right, in a peaceable manner, to assemble together for their common good."

The Constitution of the State of Oklahoma guarantees the liberty of speech in Article 2, Section 22, stating, "no law
stall be passed to restrain or abridge the liberty of speech... The right to assembly is guaranteed in Article 2, Section 3, stating "the people have the right peaceably to assemble for their own good..."

Defendants Douglas Dry, Rosie Lee Burlison and Juanita McConnell have a right to speak their opinions on matters relating to the Choctaw Nation by distributing pamphlets critical of the current administration of the Choctaw Nation, and the right to peaceably assemble with other Choctaw citizens. Any infringements on these rights are void under-the U.S. Constitution, the Indian Civil Rights Act, the Choctaw Constitution, and the State of Oklahoma Constitution. First National Bank v. Bellotti, 435 U.S. 765, 55 L.Ed.2d 707 (1978).

The information was not endorsed as required by Section 4-303, Choctaw Criminal Procedures, which requires that the names and last known addresses of all the witnesses known to the Tribal Prosecutor at the time of the filing be endorsed and notice given to defense counsel.

This motion is made in good faith and not for dilatory purposes. The Defendants are entitled to the relief as herein prayed.

WHEREFORE, PREMISES CONSIDERED, Defendants pray that the court order that this Information be quashed and set aside and any further proceedings or hearings in the Court of Indian Offenses for the Choctaw Nation be abated.

CHOCTAW NATION OF OKLAHOMA

BEFORE ME, the undersigned authority, appeared an the 20th day of October, 1995, and who being by me duly sworn did depose and state on her oath the following:

"My name is Rosie Lee Burlison. I am the defendant in the above entitled and numbered cause. I have read the foregoing Motion to Quash and Set Aside Information and swear that it is true and correct."

CHOCTAW NATION OF OKLAHOMA

BEFORE ME, the undersigned authority, appeared on the 30th day of October, 1995, and who being by me duly sworn did depose and state on his oath the following:

"My name is Douglas Dry. I am the defendant in the above entitled and numbered cause. I have read the foregoing Motion to Quash and Set Aside Information and swear that it is true and correct."

CHOCTAW NATION OF OKLAHOMA

BEFORE ME, the undersigned authority, appeared on the 30th day of October, 1995, and who being by me duly sworn did depose and state on her oath the following:

"My name is Juanita McConnell. I am the defendant in the above entitled and numbered cause. I have read the foregoing Motion to Quash and Set Aside Information and swear that it is true and correct.

I certify that I mailed first class postage prepaid the above and foregoing Motion to Quash and Set Aside Information to Robert L. Rabon, Rabon, Wolf, and Rabon, Post Office Box 726, Hugo, Oklahoma, 74743 on this 30th day of October, 1995.