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Nathaniel Brian Verellen v. Michigan

Paid petition · Court of Appeals of Michigan, No. 365796 · judgment September 29, 2023


Certiorari denied · June 24, 2024
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Did the State of Michigan erroneously redefine “registration plate” so as to unlawfully broaden and apply Michigan Traffic Code, MCL 257.256, License Plate Unlawful Use, to a presumptively valid tribal plate and, in so doing, decide an important federal question in a way that conflicts with relevant decisions of this Court, a United States court of appeals, another state court of last resort or treaty?

  2. In requiring a “reciprocity agreement” with the Cherokee Nation of Indians, is the State of Michigan discriminating against the Nation in violation of the Indian Commerce Clause? Relatedly, is the State’s requirement of a reciprocity agreement consistent with MCL 257.243?

  3. Does the State of Michigan have inherent authority to deny an Indian tribe’s sovereignty based solely on whether it is listed in the federal register? Has the name “Cherokee Nation” listed in the Federal Register been defined exclusively by Congress so as to be synonymous with anyone of several Cherokee Bands of the greater Cherokee Nation of Indians?

  4. Did the State of Michigan violate the defendant’s due process rights under the 4th, 5th, and 14th Amendments of the United States Constitution?

Counsel of record

For petitioner
Randi Marie Ostry
Thomas Law

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 24 2024
    Petition DENIED.
  2. Jun 04 2024
    DISTRIBUTED for Conference of 6/20/2024.
  3. Apr 17 2024
    Petition for a writ of certiorari filed. (Response due May 23, 2024)