Order: STATE OF OKLAHOMA V. BRADLEY JOSEPH MATTIODA

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                                IN THE DISTRICT COURT OF MCINTOSH bf U Is

STATE OF OKLAHOMA JAN 4 4 2021
LISA RODEBUSH, Cout Clerk
STATE OF OKLAHOMA, ) py Deputy
)
Plaintiff, )
vs. ) Case No. CF-2020-144A
)
BRADLEY JOSEPH MATTIODA )
)
Defendant, )

State’s Response to Defendant’s
Motion to Dismiss for Lack of Jurisdiction

Comes now Respondent, State of Oklahoma, by and through the Office of the District
Attorney in and for McIntosh County, and in Response to Petitioner’s Application for Post-
Conviction Relief, advises the Court as follows:

1. The Oklahoma Court of Criminal Appeals has directed a review of two specific issues

by the District Court:

A. Did the alleged crime occur within the jurisdictional boundaries of the Muscogee
Creek Nation and;

B. Is Petitioner a member of a federally recognized indian tribe.

2. Respondent stipulates in this case only, that the crime occurred within the geographical
boundaries of the Muscogee Creek Nation. Respondent cannot stipulate that Petitioner
is a member of a federally recognized indian tribe until such time as Petitioner submits
documentation which is admissible under the Oklahoma Evidence Code, which
confirms such enrollment.

WHEREFORE, Respondent requests that this matter be set for hearing and that Petitioner

be directed to submit satisfactory proof at that time. In the event such evidence is offered and
accepted by the Court, Respondent will stipulate that the requirements set forth by the Oklahoma

Court of Criminal Appeals have been met, that this Court lac] isdictign to proceed and that the

case be referred to the U.S. Attorney’s Office, Eastern DiStrict, for furthe proceedings.

RESPEQTFULLY SUBMITTED,

favid Pi
Assistant Distrigt AttorneyCERTIFICATE OF SERVICE

I, David Pierce, Assistant District Attorney, hereby certify that on this i day of

January _, 2021, I caused to be mailed and/or delivered-a & correct coy of the above
pleading to:

Ryan Ferguson, OIDS

David Merce

Assistant District Attorney