DOUGLAS G. DRY, ROSIE LEE BURLISON,
and JUANITA McCONNELL,
Petitioners,
VS.
COURT OF INDIAN OFFENSES OF THE CHOCTAW NATION,
Respondent,
and
CHOCTAW NATION OF OKLAHOMA,
Real Party in Interest.
Case. No.
Petition for Writ of
Prohibition
Scott Kayla Morrison, being first
duly sworn, deposes and says:
1. That she resides in Wilburton, Choctaw Nation boundaries, and
is attorney for the defendants in proceedings now pending in the
Court of Indian 0ffenses for the Choctaw Nation, being cause Nos.
CR-95-01, CR-95-02, CR-95-03, CR-95-04, and CR-95-05, of said
court entitled Choctaw Nation v. Dry. Burlison and McConnell,
Choctaw Nation v. Douglas Dry, Choctaw Nation v. Rosie Lee Burlison,
and Choctaw Nation v. Juanita McConnell.
2. That the nature of said proceedings is criminal.
3. That on September 28, 1995, defendants in said proceedings
filed a Motion to Dismiss for Lack of Subject Matter Jurisdiction
based on the following facts: the Choctaw people never granted
the tribal government criminal jurisdiction over Choctaw citizens
under the Choctaw Constitution and the court is not a legally
constituted court, as set forth more specifically in Exhibit "All
attached to the Petition for Writ of Prohibition. Copies of the
motion and responses are attached hereto, marked Exhibit 1 through
7 respectively, and by this reference made a part of this affidavit.
4. That said court is without criminal jurisdiction to proceed
with said action and the court is not a legally constituted court
for reasons set forth in Exhibit A to the
Petition for Writ of Prohibition. Defendants have no plain,, speedy,
or adequate remedy at law with respect to said proceedings in
Court of the Indian 0ffenses for the Choctaw Nation.
Wherefore, affiant prays for the issuance of a writ prohibiting
and restraining Court of Indian 0ffenses for the Choctaw Nation
from continuing to assert jurisdiction over the defendants in
said action, or in the alternative, for the issuance of an order
to show cause or an alternative writ, requiring respondent to
show cause why such writ of prohibition should not issue.
Dated this 20 day of July, 1996.
Subscribed and sworn before me the 20th day of July, 1996.
My Commission expires:
12-18-96