Paul Curtis Pemberton v. Michael Miller, Warden

FEDERAL QUESTIONS

1. a. Whether Oklahoma Criminal Statutes May Be Enforced Against An Enrolled Member of the Muscogee (Creek) Nation Tribe within the Indian Country. If so, by what authority? b. Whether the 1-year limitations period in the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C.§ 2244(d)(1), would start from "the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review." Or, if the Petition alleges newly presented/ or discovered evidence, would the filing deadline be one-year from "the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence," under § 2244(d)(1)(D) to 'further the principles of comity, finality, and federalism.," to a Court that lacks competent jurisdiction to exercise the power and authority over the case. Does the AEDPA time-bar protect a State's false imprisonment of a defendant whom the Court has no power to act or exercise authority over?

2. Whether this Courts' prior precedent through "Stare Decisis" would obligate an investigation of any officer who knows or acts in reckless disregard of Treaty and Federal Law in violation of a defined Constitutional or other Federal Right? Screws v. United States, 325 U.S. 91, 69, 104, 111 (1945). Is false imprisonment a Crime under 18 U.S.C. § 241-242, and 18 U.S.C. § 1201 (a)(l)-(2), for unlawful arrest and malicious Prosecution?