Opposition Brief — Oklahoma, Petitioner v. Donta Keith Davis

Supreme Court briefOct 21, 2021

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Resp. App. 1

July 27, 2020

Donta Davis #619384

North Fork Correctional Center

Unit F-S-265

1605 East Main Street

Sayre, OK 73662

To: Court Clerk

Tulsa County Courthouse

500 S. Denver Ave

Tulsa, OK 74103

re. Case No. CF-2018-420

Dear Court Clerk

Please advise the court, that I am a member of the

Creek Nation, enrolled number 66305, and I am

charged with the crimes of robbery, and assault with a

dangerous weapon in tulsa county district court case

number CF-2018-420. The crimes are contained in the

Major Crimes Act – 18 U.S.C. 1153. And the crimes are

alleged to have been committed within Indian country

as defined by 18 U.S.C. 1151(a), (b) + (c), where no congressional grant of jurisdiction over the Indian country

involved exists. See McGirt v. Oklahoma, No. 18-9526,

591 U.S. ___ (July 9, 2020). As such, the tulsa county

district court lack subject matter jurisdiction, and I request the charges be dismissed.

x Donta Davis

Donta Davis

Resp. App. 2

I declare under penalty of perjury under the laws of

Oklahoma that the foregoing is true and correct. 12

O.S. 426.

Dated: 7/22/20

Sayre, Oklahoma

x Donta Davis

Donta Davis

Resp. App. 3

Resp. App. 4

IN THE DISTRICT COURT

IN AND FOR TULSA COUNTY

STATE OF OKLAHOMA

DONTA KEITH DAVIS, )

Defendant/Appellant, )

) Tulsa County District Court

) Case No. CF-2018-1994

THE STATE

) Court of Criminal Appeals

OF OKLAHOMA,

) Case No. F-2019-420

Plaintiff/Appellee.

)

FINDINGS OF FACT

AND CONCLUSIONS OF LAW

(Filed Nov. 12, 2020)

Pursuant to the remand order of the Oklahoma

Court of Criminal Appeals (“OCCA”) issued October 9,

2020, this matter is before the court. The parties informally advised the court that they had agreed and

stipulated to facts supporting the issues to be determined and submitted an Agreed Stipulation including

attached documentation from the Muscogee (Creek)

Nation of Oklahoma Citizenship Board that was

filed on November 5, 2020. Stuart Southerland appeared on behalf of Appellant, Donta Keith Davis,

who was not present. Assistant Attorney General

Randall Young appeared for Appellee. Tulsa County

First Assistant District Attorney Erik M. Grayless also

appeared. An evidentiary hearing was deemed unnecessary.

Resp. App. 5

The Appellant, in his motion to remand for evidentiary hearing filed in conjunction with his Brief-inChief claims the District Court lacked jurisdiction to

try him as he is a citizen of the Muscogee (Creek) Nation and that his crime occurred within the boundaries

of the Creek Reservation. Appellant’s claim raises two

questions: (a) his Indian status, and (b) whether the

crime occurred on the Creek Reservation. These issues

require fact-finding to be addressed by the District

Court per the OCCA Order Remanding.

Appellant’s status as an Indian

To determine the Indian status of the Appellant,

the OCCA directed the District Court to make findings

of fact as to whether (1) Davis has some Indian blood,

and (2) is recognized as an Indian by a tribe or the federal government.1 The Court finds as follows:

Findings of Fact

Donta Keith Davis is the named Defendant/Appellant in the above-entitled matter.

The parties hereto stipulated and agreed that Appellant has 3/32 degree Creek blood.2

United States v. Diaz, 679 F. 3d 1183, 1187 (10th Cir. 2012);

United States v. Prentiss, 273 F. 3d 1277, 1280-81 (10th Cir.

2001). Generally Goforth v. State, 1982 OK CR 48, 6, 644 P.2d 114,

116.

Exhibit 1, Agreed Stipulation 1.

Resp. App. 6

The parties hereto stipulated and agreed that Appellant is an enrolled member of the Muscogee

(Creek) Nation and was such at the time of the

charged offenses.3

The parties hereto stipulated and agreed that the

Muscoge (Creek) Nation is an Indian Tribal Entity

recognized by the federal government.4

Conclusions of Law

Regarding the first determination, the Court answers the first inquiry in the affirmative. The Court

adopted the Agreed Stipulation of the parties, including the attached documentation filed on November 5,

2020 and made findings of fact thereon. Donta Keith

Davis has 3/32 Creek blood. Although the term “Indian” is not statutorily defined and various terms such

as “sufficient”5, “substantial”6, “significant percentage

of ” 7 or “some”8 have been used by courts in an attempt

to define the quantity of Indian blood required to satisfy this inquiry, the OCCA mandate ordered this

Court to determine “whether the Appellant has some

Indian blood.”9 Thus, according to the term used by the

Exhibit 1, Agreed Stipulation 2.

Exhibit 1, Agreed Stipulation 3.

United States v. LaBuff, 658 F. 3d 873, 874-75 (9th Cir.

2011)

Vialpando v. State, 640 P.2d 77, 79-80 (Wyo. 1982).

Goforth v. State, 1982 OK CR 48, 11 6, 644 P.2d 114, 116.

United States v. Diaz, 679 F.3d 1183, 1187 (10th Cir. 2012).

Order Remanding for Evidentiary Hearing October 9, 2020.

Resp. App. 7

OCCA in its Order, this Court concludes Donta Keith

Davis has some Indian blood.

Additionally, the Court answers the second part of

the inquiry in the affirmative. The Court adopted the

Agreed Stipulation including the attached documentation and made findings of fact thereon. Donta Keith

Davis was enrolled as a citizen of the Muscogee (Creek)

Nation on September 27, 2001 and was recognized as

a citizen of the Muscogee (Creek) Nation at the time of

the offenses. The Muscogee (Creek) Nation is an Indian

Tribal Entity recognized by the federal government.

Therefore, Donta Keith Davis is recognized as an Indian by a tribe or the federal government.

Having answered both inquiries in the affirmative, this Court concludes Donta Keith Davis is an Indian.

II. Whether the Crime

Occurred on the Creek Reservation

The OCCA further ordered the District Court to

determine whether the crime occurred on the Creek

Reservation, referred to as Indian Country.10 The Court

finds as follows:

McGirt v. Oklahoma, 140 S.Ct.2452 (2020); 18 U.S.C.

§§ 1152, 1153

Resp. App. 8

Findings of Fact

The parties hereto stipulated that the crime in

this case occurred within the Creek reservation

boundaries.11

Conclusions of Law

The final inquiry is answered in the affirmative.

This Court adopted the parties’ Agreed Stipulation

and made findings of fact thereon. Although, the specific address and location of the crimes was not stipulated to by the parties, the parties agreed that the

location where the crimes occurred was within the

Creek Reservation boundaries. These boundaries were

established through a series of treaties between the

Muscogee (Creek) Nation and the United States Government, and are explicitly recognized as a reservation

defined by 18 U.S.C. § 1151(a). Based upon the Supreme Court’s ruling in McGirt v. Oklahoma, 140 S. Ct.

2452, 207 L.Ed.2d 985 (2020), this Court concludes

that the crime occurred on the Creek Reservation

which is Indian Country.

WHEREFORE, this Court finds that Donta Keith

Davis is an Indian and that the crimes for which he

was convicted occurred in Indian Country for purposes

of the General Crimes Act, 18 U.S.C. § 1152 and the

Major Crimes Act, 18 U.S.C. § 1153.

Exhibit 1, Agreed Stipulation 4.

Resp. App. 9

IT IS SO ORDERED this 12th day of November, 2020.

/s/ Tracy L. Priddy

Tracy L. Priddy

District Judge

Resp. App. 10

IN THE DISTRICT COURT

IN AND FOR TULSA COUNTY

STATE OF OKLAHOMA

DONTA KEITH DAVIS,

)

Appellant/Defendant, )

)

Case No. F-2019-420

)

CF-2018-1994

THE STATE

)

OF OKLAHOMA,

)

Appellee/Plaintiff.

)

AGREED STIPULATION

(Filed Nov. 5, 2020)

Following the United States Supreme Court’s decision in McGirt v. Oklahoma, 140 S. Ct. 2452 (2020),

the Oklahoma Court of Criminal Appeals remanded

Appellant’s case to this Court on October 9, 2020, for

an evidentiary hearing to determine 1) Appellant’s status as an Indian, and 2) whether the crimes occurred

on the Creek Reservation. The parties hereby announce, and request this Court to accept, the following

stipulations:

Appellant has 3/32 degree Creek blood.

Appellant is an enrolled member of the Muscogee (Creek) Nation and was such at the time

of the charged offenses.

The Muscogee (Creek) Nation is an Indian

Tribal Entity recognized by the federal government.

Resp. App. 11

The charged crimes occurred within the Creek

Reservation.

Respectfully submitted this 5 day of October, 2020,

/s/ Stuart Southerland

/s/ Randall Young

Jennifer Crabb,

Stuart Southerland,

No. 12492

No. 20546

Assistant Public

Randall Young 35646

Defender, Tulsa

Assistant Attorney

County

General

423 S Boulder Ave. W

313 N.W. 21st Street

#300

Oklahoma City, OK

Tulsa, Oklahoma 74103

73105

/s/ Erik Grayless

Erik Grayless, No. 21197

First Assistant District

Attorney, Tulsa County

500 South Denver Ave.,

Suite 900

Tulsa, Oklahoma 74103

Resp. App. 12

The Muscogee (Creek) Nation of Oklahoma

Citizenship Board

Director

Nathan Wilson

Manager

Allan Colbert Jr.

Andy Proctor

[LOGO]

Board Members

Joan Henson

Elizabeth Yahola

Clarence Johnson

LeaAnn Nix

DATE:

7/16/2020

TO:

Whom It May Concern

FROM:

Muscogee (Creek) Nation

Citizenship Board

PO Box 580

Okmulgee, OK 74447

Subject: Enrollment Verification

RE:

Name: Donta Keith Davis

Address: 2719 W Easton Pl

Tulsa OK 74127-6131

Birthdate: 4/24/1982

Enrollment Date: September 27, 2001

Roll Number: 66305

Degree of Creek Blood: 3/32

I hereby certify that Donta Keith Davis, DOB: 4/24/1982

is enrolled with the Muscogee (Creek) Nation. Enrollment Date: 9/27/2001 Roll Number: 66305, Degree of

Creek Blood: 3/32

Sincerely,

/s/ Nathan Wilson

Nathan Wilson, Director

Muscogee (Creek) Nation Citizenship Office

Resp. App. 13

Muscogee (Creek) Nation – Citizenship Office –

P.O. Box 580 – Okmulgee, OK 74447

You may contact our office at 1-800-482-1979 or (916)

756-8700 ext. 7940/7941/7942/7943

Resp. App. 14

CUSTODY

U.S. District Court

U.S. District Court for the

Northern District of Oklahoma (Tulsa)

CRIMINAL DOCKET FOR

CASE #: 4:20-cr-00316-CVE All Defendants

Date Filed: 12/08/2020

Case title: USA v. Davis

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Assigned to: Judge Claire V Eagan

Defendant (1)

Donta Keith Davis

represented by Scott Anthony Troy

Scott Troy, P.C.

601 S Boulder Ave Ste 1010

Tulsa, OK 74119

918-585-3721

Fax: 918-582-6106

Email: scott.troy@morelaw.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Designation: CJA or

Other Appointment

Terry Lee Weber

Weber & Assoc PC

320 S BOSTON STE 825

TULSA, OK 74103

918-582-1910

Fax: 918-582-2015

Email: Terry.Weber@morelaw.com

TERMINATED: 04/22/2021

LEAD ATTORNEY

Designation: CJA or

Other Appointment

Resp. App. 15

Pending Counts

Disposition

18:2113(a) and 2113(d):

Bank Robbery With a

Dangerous Weapon; FORFEITURE ALLEGATION:

18:981(a)(1)(c), 28:2461,

18:924(d)(1): Bank

Robbery and Firearms

Forfeiture (1)

18:924(c)(1)(A)(ii): Carrying, Using, and Brandishing a Firearm During and

in Relation to a Crime of

Violence; FORFEITURE

ALLEGATION:

18:981(a)(1)(c), 28:2461,

18:924(d)(1): Bank

Robbery and Firearms

Forfeiture (2)

Highest Offense

Level (Opening)

Felony

Terminated Counts

None

Disposition

Highest Offense Level

(Terminated)

None

Complaints Disposition

None

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Resp. App. 16

Plaintiff

USA

represented by

Michael Forrest Harder

DOJ-USAO

110 West 7th Street

Suite 300

Tulsa, OK 74119

918–800–6013

Email: michael.harder@usdoj.gov

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Designation: Government Attorney

(local,state,federal)

Reagan Vincent Reininger

United States Attorney’s

Office (Tulsa)

110 W 7TH ST STE 300

TULSA, OK 74119–1013

918–382–2704

Fax: 918–560–7938

Email: reagan.reininger@usdoj.gov

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Designation: Government Attorney

(local,state,federal)

Date Filed

12/08/2020

# Docket Text

4 DEFENDANT INFORMATION

SHEET(S) by USA as to Donta

Keith Davis (crp, Dpty Clk)

(Entered: 12/10/2020)

5 INDICTMENT by USA as to Donta

Keith Davis (1) count(s) 1, 2 (crp,

Dpty Clk) (Entered: 12/10/2020)

Resp. App. 17

12/08/2020

12/09/2020

12/10/2020

12/11/2020

6 SEALED UNREDACTED VERSION

of Dkt # 5 per Local Rule 5.3(b) (crp,

Dpty Clk) (Entered: 12/10/2020)

7 WARRANT Issued by Court Clerk by

USA as to Donta Keith Davis (crp,

Dpty Clk) (Entered: 12/10/2020)

1 PETITION for Writ of Habeas

Corpus ad Prosequendum for

Forthwith by USA as to Donta

Keith Davis (Harder, Michael)

(Entered: 12/09/2020)

2 MOTION for Detention by USA as to

Donta Keith Davis (Harder, Michael)

(Entered: 12/10/2020)

3 MOTION for Hearing (Re: 2 MOTION

for Detention ) by USA as to Donta

Keith Davis (Harder, Michael)

(Entered: 12/10/2020)

8 ORDER by Judge Claire V Eagan,

ruling on motion(s)/document(s): #1

granted (Re: 1 PETITION for Writ of

Habeas Corpus ad Prosequendum for

Forthwith ) as to Donta Keith Davis

(crp, Dpty Clk) (Entered: 12/11/2020)

9 WRIT of Habeas Corpus ad Prosequendum/Testificandum Issued by

Court Clerk for the appearance of

Donta Keith Davis Forthwith as to

Donta Keith Davis (crp, Dpty Clk)

(Entered: 12/11/2020)

Resp. App. 18

12/18/2020

12/21/2020

12/22/2020

10 ATTORNEY APPEARANCE to

prosecute the forfeiture issues by

Reagan Vincent Reininger on behalf

of USA [Note: Attorney Reagan

Vincent Reininger added to party

USA(pty:pla).] (Reininger, Reagan)

(Entered: 12/18/2020)

11 MINUTES of Proceedings – held before Magistrate Judge Paul J Cleary:

Initial Appearance held on

12/21/2020, Arraignment held on

12/21/2020, ruling on motion(s)/document(s): #2 moot, #3 moot, appointing

CJA attorney Terry Lee Weber for

Donta Keith Davis, ordering defendant be detained as to Donta Keith

Davis (Re: 3 MOTION for Hearing,

2 MOTION for Detention )

(Court Reporter: C1) (sdc, Dpty Clk)

(Entered: 12/21/2020)

12 ORDER by Magistrate Judge Paul J

Cleary, appointing CJA attorney as to

Donta Keith Davis (sdc, Dpty Clk)

(Entered: 12/21/2020)

13 WAIVER of Detention Hearing and

CONSENT to Order of Detention

Pending Further Proceedings;

ORDER of Detention approved by

Magistrate Judge Paul J Cleary by

Donta Keith Davis (sdc, Dpty Clk)

(Entered: 12/21/2020)

14 WARRANT Returned Executed

as to Donta Keith Davis (sc, Dpty

Clk) (Entered: 12/22/2020)

Resp. App. 19

12/22/2020

12/28/2020

01/06/2021

15 SCHEDULING ORDER by Judge

Claire V Eagan (Initial), setting/

resetting scheduling order date(s):

( Motions due by 1/6/2021, Responses

due by 1/20/2021, Pretrial Conference

set for 2/3/2021 at 10:30 AM before

Judge Claire V Eagan, Jury Instructions, Voir Dire & Trial Briefs due by

2/8/2021, Jury Trial set for 2/16/2021

at 09:15 AM before Judge Claire V

Eagan) as to Donta Keith Davis (crp,

Dpty Clk) (Entered: 12/22/2020)

16 MINUTE ORDER by Judge Claire V

Eagan due to Court conflict the 2/3/21

pretrial conference is STRICKEN and

RESET, setting/resetting scheduling

order date(s): ( Pretrial Conference

set for 2/4/2021 at 11:00 AM before

Judge Claire V Eagan) as to Donta

Keith Davis (This entry is the

Official Order of the Court. No

document is attached.) (crp, Dpty

Clk) (Entered: 12/28/2020)

17 MOTION to Accelerate/Extend/Reset

Hearing(s)/Deadline(s) by Donta

Keith Davis (Weber, Terry) (Entered:

01/06/2021)

18 MINUTE ORDER by Judge Claire V

Eagan that the motion 17 is granted.

Motions deadline is extended to

1/19/2021; responses are due

1/29/2021. All other scheduling order

deadlines/dates remain unchanged.,

ruling on motion(s)/document(s): #17

Resp. App. 20

01/14/2021

01/29/2021

granted, setting/resetting scheduling

order date(s): ( Motions due by

1/19/2021, Responses due by

1/29/2021) (Re: 17 MOTION to

Accelerate/Extend/Reset Hearing(s)/

Deadline(s), 15 Scheduling Order,,

Setting/Resetting Scheduling Order

Date(s), 16 Order,, Setting/Resetting

Scheduling Order Date(s), ) as to

Donta Keith Davis (This entry is

the Official Order of the Court. No

document is attached.) (RGG,

Chambers) (Entered: 01/06/2021)

19 ORDER by Magistrate Judge

Jodi F Jayne re: Brady as to

Donta Keith Davis (srt, Dpty Clk)

(Entered: 01/14/2021)

20 MINUTE ORDER by Judge Claire V

Eagan pursuant to GO 21-04, all

criminal jury trials set for February

have been continued to the March

2021 trial docket which, for Judge

Eagan, her trial docket is March 22,

2021. The time between 2/1/21,

inclusive to 3/22/21, inclusive, is excluded under the Speedy Trial Act.

The 2/4/21 pretrial conference, and

the 2/16/21 jury trial are STRICKEN

and RESET as follows:, setting/

resetting scheduling order date(s):

( Pretrial Conference set for 3/4/2021

at 10:00 AM before Judge Claire V

Eagan, Jury Instructions, Voir Dire &

Trial Briefs due by 3/15/2021, Jury

Trial set for 3/22/2021 at 09:15 AM

Resp. App. 21

02/16/2021

02/22/2021

before Judge Claire V Eagan) as to

Donta Keith Davis (This entry is

the Official Order of the Court. No

document is attached.) (crp, Dpty

Clk) (Entered: 01/29/2021)

21 MOTION to Accelerate/Extend/Reset

Hearing(s)/Deadline(s) by Donta

Keith Davis (Weber, Terry)

(Entered: 02/16/2021)

22 WAIVER of Speedy Trial by Donta

Keith Davis (Weber, Terry)

(Entered: 02/16/2021)

23 ORDER by Judge Claire V Eagan defendant’s motion to amend the scheduling order (Dkt. # 21) is granted. The

pretrial conference set for March 4,

2021 and jury trial set for March 22,

2021 are STRICKEN and RESET,

ruling on motion(s)/document(s):

#21 granted, setting/resetting scheduling order date(s): ( Motions due

by 4/29/2021, Responses due by

5/13/2021, Pretrial Conference set

for 5/27/2021 at 09:30 AM before

Judge Claire V Eagan, Jury Instructions, Voir Dire & Trial Briefs due

by 6/14/2021, Jury Trial set for

6/21/2021 at 09:15 AM before Judge

Claire V Eagan) (Re: 21 MOTION

to Accelerate/Extend/Reset

Hearing(s)/Deadline(s) ) as to

Donta Keith Davis (crp, Dpty Clk)

(Entered: 02/22/2021)

Resp. App. 22

04/16/2021

04/22/2021

05/21/2021

05/25/2021

24 SEALED MOTION (Weber, Terry)

(Entered: 04/16/2021)

25 ORDER by Judge Claire V Eagan

defense counsel’s Motion to Withdraw

as Attorney of Record (Dkt. # 24) is

granted. Terry Weber is permitted to

withdraw as defense counsel, and

Scott Troy is appointed to represent

defendant. The Court Clerk is ordered

to substitute Scott Troy on the docket

sheet as counsel for defendant Donta

Keith Davis. Scott Troy is reminded

to submit a CJA Form 20., ruling on

motion(s)/document(s): #24 granted,

adding attorney Scott Anthony Troy

for Donta Keith Davis terminating

attorney Terry Lee Weber (Re: 24

SEALED MOTION ) as to Donta

Keith Davis (crp, Dpty Clk)

(Entered: 04/22/2021)

26 WAIVER of Speedy Trial by

Donta Keith Davis (Troy, Scott)

(Entered: 05/21/2021)

27 Unopposed MOTION to Accelerate/Extend/Reset Hearing(s)/

Deadline(s) and New Scheduling

Order (Re: 23 Order,,, Ruling on

Motion(s)/Document(s),,, Setting/

Resetting Scheduling Order

Date(s),, ) by Donta Keith Davis

(Troy, Scott) (Entered: 05/21/2021)

28 ORDER by Judge Claire V Eagan

defendant’s second unopposed motion

to continue deadlines and scheduling

Resp. App. 23

06/23/2021

06/24/2021

order (Dkt. # 27) is granted. The

pretrial set for May 27, 2021 and

jury trial set for June 21, 2021 are

stricken., ruling on motion(s)/

document(s): #27 granted, setting

/resetting scheduling order date(s):

( Motions due by 7/8/2021, Responses

due by 7/22/2021, Pretrial Conference

set for 7/28/2021 at 10:30 AM before

Judge Claire V Eagan, Jury

Instructions, Voir Dire & Trial Briefs

due by 8/2/2021, Jury Trial set for

8/9/2021 at 09:15 AM before Judge

Claire V Eagan) (Re: 27 Unopposed

MOTION to Accelerate/Extend/Reset

Hearing(s)/Deadline(s) and New

Scheduling Order ) as to Donta

Keith Davis (crp, Dpty Clk)

(Entered: 05/25/2021)

29 Unopposed MOTION to Accelerate/

Extend/Reset Hearing(s)/Deadline(s)

Continue Pretrial Conference (Re: 28

Order,,,, Ruling on Motion(s)/

Document(s),,,, Setting/Resetting

Scheduling Order Date(s),,, )

by Donta Keith Davis (Troy, Scott)

(Entered: 06/23/2021)

30 MINUTE ORDER by Judge Claire V

Eagan that the motion 29 is granted.

The 7/28/2021 pretrial conference is

STRICKEN and RESET to 8/3/2021

at 9:00 a.m. The deadline for jury

instructions, voir dire, and trial briefs

is also extended to same date., ruling

on motion(s)/document(s): #29

Resp. App. 24

07/08/2021

granted, setting/resetting scheduling

order date(s): ( Pretrial Conference

set for 8/3/2021 at 09:00 AM before

Judge Claire V Eagan, Jury Instructions, Voir Dire & Trial Briefs due

by 8/3/2021) (Re: 29 Unopposed

MOTION to Accelerate/Extend/Reset

Hearing(s)/Deadline(s) Continue

Pretrial Conference ) as to Donta

Keith Davis (This entry is the

Official Order of the Court. No

document is attached.) (RGG,

Chambers) (Entered: 06/24/2021)

31 Joint MOTION to Accelerate/Extend/

Reset Hearing(s)/Deadline(s)

Continue Deadlines & New Scheduling

Order (Re: 30 Order,,,, Ruling on

Motion(s)/Document(s),,,, Setting/

Resetting Scheduling Order

Date(s),,,,,,, 29 Unopposed MOTION

to Accelerate/Extend/Reset Hearing(s)/

Deadline(s) Continue Pretrial

Conference, 28 Order,,,, Ruling on

Motion(s)/Document(s),,,, Setting/

Resetting Scheduling Order

Date(s),,, ) by Donta Keith Davis

(Troy, Scott) (Entered: 07/08/2021)

32 WAIVER of Speedy Trial by Donta

Keith Davis (Troy, Scott) (Entered:

07/08/2021)

Resp. App. 25

07/09/2021

08/04/2021

08/05/2021

33 ORDER by Judge Claire V Eagan

defendant’s unopposed motion to

continue (Dkt. # 31) is granted. The

pretrial conference set for August 3,

2021, and the jury trial set for August

9, 2021, are STRICKEN and RESET,

ruling on motion(s)/document(s): #31

granted, setting/resetting scheduling

order date(s): ( Motions due by

8/5/2021, Responses due by

8/19/2021, Pretrial Conference

set for 9/2/2021 at 10:00 AM before

Judge Claire V Eagan, Jury

Instructions, Voir Dire & Trial Briefs

due by 9/13/2021, Jury Trial set for

9/20/2021 at 09:15 AM before Judge

Claire V Eagan) (Re: 31 Joint

MOTION to Accelerate/Extend/Reset

Hearing(s)/Deadline(s) Continue

Deadlines & New Scheduling Order )

as to Donta Keith Davis (crp, Dpty

Clk) (Entered: 07/09/2021)

34 Unopposed MOTION to Accelerate/

Extend/Reset Hearing(s)/Deadline(s)

for Enlargement of Time (Re: 33

Order,,,, Ruling on Motion(s)/

Document(s),,,, Setting/Resetting

Scheduling Order Date(s),,, ) by

Donta Keith Davis (Troy, Scott)

(Entered: 08/04/2021)

35 MINUTE ORDER by Judge Claire V

Eagan that the motion 34 is granted.

Defendant’s deadline for filing of

motions is extended to 8/13/2021

Resp. App. 26

08/12/2021

08/13/2021

as requested. Plaintiff ’s reply is

accelerated to 8/24/2021 due to

proximity of pretrial conference on

9/2/2021. All other deadlines remain

unchanged., ruling on motion(s)/

document(s): #34 granted, setting/

resetting scheduling order date(s):

( Motions due by 8/13/2021, Responses

due by 8/24/2021) (Re: 34 Unopposed

MOTION to Accelerate/Extend/Reset

Hearing(s)/Deadline(s) for Enlargement

of Time, 33 Order,,,, Ruling on Motion(s)/

Document(s),,,, Setting/Resetting

Scheduling Order Date(s),,, ) as to

Donta Keith Davis (This entry is

the Official Order of the Court. No

document is attached.) (RGG,

Chambers) (Entered: 08/05/2021)

36 MINUTE ORDER by Judge Claire V

Eagan parties are advised that this

case is 3rd up on Judge Eagan’s

9/20/21 jury trial docket. as to

Donta Keith Davis (This entry is

the Official Order of the Court. No

document is attached.) (crp, Dpty

Clk) (Entered: 08/12/2021)

37 Joint MOTION to Accelerate/Extend/

Reset Hearing(s)/Deadline(s) Continue

Deadlines & New Scheduling Order

(Re: 35 Order,,,, Ruling on Motion(s)/

Document(s),,,, Setting/Resetting

Scheduling Order Date(s),,,,,,, 34

Unopposed MOTION to Accelerate/

Extend/Reset Hearing(s)/Deadline(s)

for Enlargement of Time, 33 Order,,,,

Resp. App. 27

08/13/2021

08/16/2021

Ruling on Motion(s)/Document(s),,,,

Setting/Resetting Scheduling Order

Date(s),,, ) by Donta Keith Davis

(Troy, Scott) (Entered: 08/13/2021)

38 WAIVER of Speedy Trial by

Donta Keith Davis (Troy, Scott)

(Entered: 08/13/2021)

39 ORDER by Judge Claire V Eagan

defendant’s unopposed motion to

continue (Dkt. # 37) is granted. The

pretrial conference set for September

2, 2021, and the jury trial set for

September 20, 2021, are STRICKEN

and RESET, ruling on motion(s)/

document(s): #37 granted, setting/

resetting scheduling order date(s):

( Motions due by 10/7/2021, Responses due by 10/21/2021, Pretrial

Conference set for 11/4/2021 at 11:00

AM before Judge Claire V Eagan,

Jury Instructions, Voir Dire & Trial

Briefs due by 11/8/2021, Jury Trial

set for 11/15/2021 at 09:15 AM before

Judge Claire V Eagan) (Re: 37 Joint

MOTION to Accelerate/Extend/Reset

Hearing(s)/Deadline(s) Continue

Deadlines & New Scheduling Order )

as to Donta Keith Davis (crp, Dpty

Clk) (Entered: 08/16/2021)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.