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Supreme Court of the United States -3791 No________ IN THE • SUPREME COURT OF THE UNITED STATES DANNY D BISSONETTE, Supreme court, U.S. Petitioner/Appellant, FILED AUG22 2018 VS. OFFICE OF THE CLERK BR•ENT FLUKE, Warden, Mike Durfee State Prison (Successer of DOOLEY) ROBERT DOOLEY, Warden; DAVID GILBERTSON; Chief Justice South Dakota Supreme Court; CRAIG:PFEIFLE, Cir. Court Judge Seventh Cir. Respondent ' s/Appellees ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT a PETITION FOR CERTIORARI Danny D. Bissonette #15533 Mike Durfee State Prison 1412 Wood Street Springfield, South Dakota RECEWED 57062 Phone No. N/A SEP 25 2018 OFFICE OF THE CLERK SUPREME COURT, U.S. QUESTION(S) PRESENTED 1.. Did the Seventh Judicial Circuit Court of Pennington County. South Dakota error when it failed to set-aside the Judgment of Conviction, once it was notified Petitioner .. anEnrolled Member of aFederally recognized Indian Tribe, and he was living in Indian County, yet he had been prosecuted by the STATE OF SOUTH DAKOTA? 2. Did the SOUTH DAKOTA SUPREME OOURT, error when it failed to provide remedy to Petitioner by overturning the Seventh Judicial Circuit Court of Pennington County, South Dakota's denial for remedy concerning an Enrolled Tribal Member of a Federally recognized Tribe, who was unlawfully prosecuted by a STATE Court? 30 Did the U.S. DistrictyCourt of South Dakota, Western Division, error when it denied Petitioner the right to use Title 28 U.S.C...--,.Sec. 2241 to attack a Fort Laramie Treaty Violation which is causing him to be incarcerated unlawfully in a STATE Prison? 4. Did the Eighth Circuit Court of Appeals e.irro.r when it affirmed the U.S. Distict Court of South Dakota, Western Division's denial of Petitioner's use of Title 28 U.S.C. Sec. 2241 to attack a Fort Laramie Treaty Violation which is causing him to be incarcerated unlawfully in a STATE Prison? (i) -J I - t LIST OF PARTIES All artiis e:artn the Captionscoi the Case on the Cover Page as follows: BRENT FLUKE, Warden of Mike Durfee State Prison. Mr. FLUKE, recently assumed the duties of Warden, after ROBERT DOOLEY retired Address: Mike Durfee State Prison att: BRENT FLUKE 1412 Wood Street Springfield, South Dakota 57062 ROBERT DOOLEY, former Chief Warden of Prison Operations. DOOLEY, recently retired. Address: ROBERT DOOLEY, address unkown. It is believed that he lives in the Yankton, South Dakota area. DAVID GILBERTSON, Chief Justice of the SOUTH DMOYA SUPREME Court. Address: SOUTH DAKOTA SUPREME COURT att: DAVID GILBERTSON 500 East Capitol Ave. Pierre, South Dakota 57501 CRAIG PFEIFLE, Circuit Court in the Seventh Judicial Circuit Court in Pennington County, South Dakota Address: Seventh Judicial Circuit Court att: CRAIG PFEIFLE P.O. Box 230 Rapid City, South Dakota 57709-0230 (ii) -J TABLE OF CONTENTS Item(s) Page(s) - Question(s) Presented: I - List of Parties: ii Table of Contents/Index of Appendices: iii Table of Authorities Cites: iv Opinions Below: 1 Jurisdiction: 1-A Constitutional and Statutory Provision Involved 2 Statement of Cases: 3-4 Legal Argument(s): 49 Reason(s) for Granting Writ: 10-13 Conclusion: 13-14 Acknowledgement/Certificate of Service 15 INDEX OF APPENDICES Appendix (A) 1,4 Appendix (B) 1,4 Appendix (C) 1,3,5 Appendix D) 1,3 Appendix (D-1) 3 Appendix (C-1) 3 Appendix (D-2). 5 (i.li) TABLE OF AUTHORITIES CITED Case(s) Page(s) Bissonette v. Dooley, 1 Johnson v. McIntosh, 7 Cherokee Nation v, Georgia, 7 Norton v. Shelby County, .7 Chicago I & L.R. Co. v. Hackett, 7 United States v. Van Chase, 8 Williams v. Lee, 9X 2 United States v. John, 9 Vene tie, 9 Hydro Res., 9 Ex Parte Crow Dog, 9 Tsosie v. United States, 9 BelLy. U.S. 11 Coleman v. Thompson, 12 Hadjuk v. U.S., 12 Jackson v. Carlson, 12 Herrera v. Collins, 13 Pemberton v. Collins, 13 State v. Molash, 14 Code(s) and Treaties: Fort Laramie Treaty; 1, 2,3,5, 10, 11, 12,13,14 Title 28 U.S.C. sec 2241; 2,3,5,11,12, 13.. Title 28 U.S.C. sec. 2254; 2,3 SDCL 22-30A-17; 2,3., 4 Title 28 U.S.C. sec 1331(a); 10 Title 18 U.S.C. sec. 3232 10 (iv) IN THE SUPREME COURT OF THE UNITED STATES PETITION FOR WRIT OF CERTIORARI * * * * * * * * * * * * * * * * * * * * * * * Petitioner respectfully prays that a Writ of Certiorari issue to review the judgment(s) below. OPINIONS BELOW FEDERAL CASES: The opinion of the United States Court of Appeals for the Eighth Circuit appears at Appendix (A) to the Petition and is unpublished The opinions.oif the United States Disrtict Court for the District of South Dakota, Western Division, appears as Appendix (B) to the Petition and is reportedat: Bissonette v. Dooley, 2Q17U.S. Dist. LEXIS 146476; Bissonette v. Dooley, 2017 U.S. Dist....LEXIS 149336; Bissonette v. Dooley, 2017 U.S. Dist. LEXIS 86; and Bissonette v. Dooley, 2017 U.S. Dist. LEXIS 188863. STATE CASES: The opinion of the highest State Court is the South Dakota Supreme Court to review the merits appears at Appendix (C) to. the Petition.and is unpublished. Furthermore, after various, attempts to remedy Petitioner's unlawful incarceration within the S.D. Supreme Court he realized the incarceration was in violation of the Fort Laramie Treaty, and he proceeded with that claim in the Federal District Court. The opinion of the Seventh Judicial Circuit Court of Pennington County, South Dakota appears at Appendix (D) tothe Petition and is unpublished. It contains various denialsf.&Lfférent attempts Petitioner used to overcome his unlawful incarceration. Furthermore after these denials Petitoner realized he was incarcerated in violation of the Fort Laramie Treaty, and proceeded with that claim in the Federal District Court of South Dakota, Western Division. (1) S C JURISDICTIONAL STATEMENT The Judgment of United States Court of Appeals for the Eighth was entered on May 22, 2018, and the Judgment for Rehearing En Banc was denied of July 11, 2018 The Jurisdiction of this Court is invoked under Title 28 U.S.C. sec 1254(1) (1-A) CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED The Seventh Circuit Court of Pennington, County, South Dakota violated Petitioner's Constitutional right Under the Fifth Amendment to the U.S. Constitution's Due Process Clause, when they failed to afford him-an Appeal, once he provided them with documents to prove that he timely requested from his trial counsel that an Appeal be filed. This is binding on the STATE OF SOUTH DAKOTA, via: the Fourteenth Amendment to the U.S. Constitution. Furthermore their actions violated the STATE OF SOUTH DAKOTA'S Constitution's Article VI, sec. 2 (Due Process Clause). The Seventh Judiicial Circuit Court of Pennington County, South Dakota violated Petitioner's Constitutional rights under the V Amendment to the U.S, Constitutions Grand Jury Clause, when the total amount that was presented to the Grand Jury did NOT exceed the amount neccessary for an Indictment under SDCL 22-30A-17. The STATE OF SOUTH DAKOTA'S SUPREME COURT, violated Petitioner's Constitutional rights underthe Fifth Amendment to the U.S. Constitution Due Process Clause, when they failed to afford Petitioner remedy from the errors of the Pennington County's Seventh Judicial Circuit Court, This again is binding upon the STATE via: The Fourteenth Amendment to theU,S. Constitution. Furthermore it again violated the STATE OF SOUTH DAKOTA'S Constitution's Article VI Sec 2 (Due Process Clause), • 4.The U.S. District Court of South Dakota, Western Division, failed to afford Petitioner relief when he presented them with:a violation of the Fort Laramie Treaty of 1868. Petitioner attempted to raise this violation using a Habeas Corpus Petition, pursuant to: Title 28 U.S.C. sec 2241. The District Court refused to allow his Petition to be heard under sec. 2241. Thereasonfor using sec. 2241 is stated within the Code itself. It addresses "Treaty" issues, and it allows one to avoid the various pitfalls that are within Title 28 U.S.C. Sec. 2254. The 2241 is designed for STATE Prisoners as spelled out in Sec. (d) of said Code. Furthermore their actions violated the "Indians Major Cimes act". 5. The Eighth Circuit Court of Appeals violated Petitioner's rights under the Fort Laramie Treaty and the "Indian Major Crimes Acts", when they Laff.irm•eSd the District Court of South Dakota., Western Division's decision. Furthermore they all violated Petitioner's right to -• Liberty. (2) STATEMENT(S) OF THE CASE Petitioner was indicted by a Pennington County Grand Jury on August 12, 2010. Count 1: Aggragated Grand Theft by receiving Stolen Property, and Count 2: Contributing to the abuse, neglect and delinq- uency of a Minor. Petitioner filed a Motion for Writ of Error Coram Nobis, on or about May 31, 2016. The Grand Jury Transcripts showeI that they only heard testimony of alleged crimes totalling $915.97. See: App. D-i pg 2 #4, Coünt1, was a violation of SDCL 22-30A-17, This Code required the amount of alleged theft to exceed one thousand dollars in value. Therefore when the Grand Jury Indicted the Defendant on testimony that fell below the one thousand dollar value, it was not legal to charge the Defendant with a crime that is for over the one thousandddollar value. See.Also: App. D-i.,. .pg.i #1 Petitioner Furthermore filed a request for an Appeal with his trial counsel who failed to file a Notice of Appeal with the Court. This Request was timely filed with his trial counsel.
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