IN THE SUPREME ^OURIf OF' O

Chief William Little Soldier, and in for the

Munsee Delaware Indian Nation-USA

Pro Se fiiing

vState of Ohio, et al

01u Apry ea9.1'rorsr theGuernsey County Court ol'Alslrea9s

Fifth District Court ol'Appe2.ls

Court oi Appeals

Casea No 09CA000012

Notice of Appeal I

of Chief William L. Little Soldien-/Masnsee Delaware Indian Nation-USA

Chief William L. Little Soldier, pro se

Munsee Delaware Indian Nation-USA

70463 Hopewell Road

Cambridge Res. Ohio 43725

740-435-8590

Appellent

State of Ohio, et all

Guernsey County Municipal Court

Willam Ferguson, Law Director, et al

134 Southgate Parkway, Cambridge, Oh. 43725

740.439.4462

Appel9ee

NO9'IC E OFe'rFFEAt.. OFAy'JPELLENT(Q} C heef ^I'sll'aarra ^^ittle ^oldner ^^rsl tire

iMuassee Deiawa3°e ynrlian NMOORaUSA

Appellant Williasn t_,ittle Soldier and the Munsee I3elamare indian Nation USA hereby givenotice of this Appeal to the Supreme Couit of Ohio from the Judgments of the Cfuernsey County

Court of Appeats, Fifth Appellant District, entered in Court of Appeals case No.09CA00009 on

a -r-.- ^ 2009

Respectfully submitied,

\\`N,l^^RU,lvl.lllllllillil/I

4P ;--._. 5E,11^.

Appellant Pro Se

, Fk(vitSLA BEGkR'.nitiRYPU3ur.5rAlEDF'OhiJ

r CaM,rJSS!CrPI ^i::XP!Re6 ii4aRCR 7, -2e1,!

II^;x T^^ ^ S11TPREME COURT OF 01

h/Iunsee Delaware Tndian_ Nation-TJSA,

And Chief William Liitle Soldier

Appellants

(`rE Appea.l from tl"ee

Guernsey County Ooairt of Appeals

Fifth Appellate District

Court of Appeals

V.

State of OhioCase. No. 09CA000012

Appellees

ME1@/IORANDIIM IN SUPPORT OF JURISDICTION

OlE'+ APPELLANTS Mt7I`^^^E DELAWARE INDIAN NATION-USA9

AND (,IIAEF WILLIAM LITTLE ^OLDIER

Chief William Little Soldier, Tribal SpeakerMunsee Delaware Indian Nation-USA70463 Flopewell RoadCambridge Res., OH 43725740-435-8490Apprelllants, filing Pro Se

State of Ohio, Guernsey County SheriffGuernsey County jVrmicipal CourtWilliam Ferguson, Law Director134 Soutligate ParkwayCambridge, OH 43725Appellees

Jurisdiction NAemo William L. Little Soldier PageI of 13

'fA3LE OF COINtT ENTS

EXI'LA-NAI:'ION OF Vi7I [Y T13IS CASE IS A CASE OF PUBLICOR GREAT GENERAL INTEREST AND INVOLVES ASUBSTA1\1TIAL CONSTITUTIONAL QUESTION . . , . .

STATEMENT OF THE CASE AND FACTS .,...,,

ARGUMENT 1N SUPPORT OF PROPOSITIONS OF LAW . . . . . . . . . • . • a a 9

ProRosition of Law No. 1: Ohio State Constitution Bill of RightsHas guarantees against illegal search and seizure.

Proposition of Law No. 2: Worcester v. Georgia, 1832 defined

jurisdictions on Incfian Land_

Proposition of Law No. 3: U. S. v. Winans ruled that states areEnjoined by Federal Law from inteifering in the internal workings

of tribal governments-

CONCLUSION 11

CERTIFICATE OF SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

APPENllIX

Opinion of the Guernsey County Court of Appeals

Judgnletit Entry of the Guernsey County Court of Appeals(Apri119,2P10) .........................

ARnx PaQe

Jurisdiction A/lemo Williarn L. Little Soldier Page 2 of 13

I!,XPI-,ANA T â.ON OF Wul?Y '>«><S t A:IUS A GASE CI'PUBLIC OR GR>vAT GE1rdEIIAI. I[NTE^3ES3' AINld

li~dVCILVI S A SUBSTANTIAL GONS'PI'r>U'A'IONAL. ^.^UES'rldIT^T

This cause presents two critical issucs for the citizens ofthe State of Ohio:: (1) do we

indeed have constitutional guarantees against illegal search and seizure?, and (2) do the citizcns

of the State of Ohio have rights to substantive and procedural due process of law through trial by

jury?

The Gueinsey County Court of Appeals rejected my Appeal on the grounds of-tiincliness;

however, it was pointed out to the Court that the municipal court did not sign and issue final

orders until December 281", 2009, days past the timit for filing such orders.

The implication of the decision of the court of appeals affects every jurisdiction in

Guernsey County, and touches the lives of every citizen in the state. The public's interest in the

orderly operation of the judicial system is the tlnead that binds us all togetlter as a civilized

society. In this arena, any violation of the rights of one is a denial of the rights of all.

Finally, this cause involves a substantial constitutional question. The decision offends

Ohio's constitutional scheme by elevating the powers of law enforcement above the State

Constitution, Article 1 Bill of Rights, § 1.14, Scarch Warrants and Generat Warrants, 1851, to

"The right of the people to be secure in their persons, houses, papers, and possessions,against unreasonable searches and seizures shall not be violated; and no warrant shallissue, but upon probable cause, supported by oath or affirmation, particularly describingthe place to be searched and the person and things to be seized."

A remedy for such offenses were also written into the Ohio Constitution, Article 1, §

1.16, Redress in Courts, to wit:

Jurisdiction Memo William L. Litt:le Seldier Page:I of 13

All com-is sha11 be open, and every person, for an injury done llinl in Ids 1a rd, goods,persou, or reputation, shall have retrtedy by due course of law, and shall have jtrstice

administered without denial or deia,y.

[Suits against the state.] Suits may be brought against the state, in sucl2 couits and in such

manner, as may be provided by law.

(As amended September 3, I912.)

STATEMENT OF THE CASE AND FACTS

Comes now Chief William Little Soldier, and states as a result of the illegal raid on our

Tribal Land the following

1. That I am a resident ofFranklin, Licking, and Guernsey Counties, State of Ohio,

2. That I am over 18 years of age,

3. 'That I am competent to testify to the information herein contained,

4. That I liave personal knowledge of all statements contained herein, except for

facts alleged upon information and belief; and if called upon, I would testify

5. according to these statements.

6. The dates below are to clarify and assist in the creation of a tinie line. The date

7. may have occurred on or about the date listed.

That I am Chief Counset and Spealcer for the Munsee Delaware Indian Nation

8. -USA (bereinafter The Indian Nation), a Triba1 Jurisdictional Treaty ]ndian Nation

9. TW.t The Indian Dtation land is recorded as SACRED LAND by the State of Ohio

'10. as it negligently made no provision for 1<1tTI)rLA-N LAND designation. (Aug. 14,

9 9. 2008 Ohio Dc,̂ pt. of Taxation Ruling #0000002I)

Jurisdiciion Memo VVilliani L. Little 4oldier Paged! oi 13

12. That f}hio State l.,aws and Statutes have no provisions for Exemption of Native

13. Tribes. The singular Exemption in Chio Law is for entitics Exempt t!nder TIZB 501-C.

Tfiat the Iridian Nation is recorded as sOV'+ RUGN in the C r̀uernsey County

ILecordei's Office, State of Ohio.

14. That it is riot the purview of The Tndian Nation to corrcct. t.he shortcomirgs of The

State of Ohio government officials in their disregard for Native Aiiserican laws

15. That The Indian Nation is EXEIVIPT under Federal Law, Federal Indian Law, and

the tribal jurisdiction of'1'he Indian Nation.

16. That The Indian Nation is Exempt by IRS ruling in support of Federal Law,

Federal Indian Law, and the tribal jurisdiction of The Indian Nation.

17. That the Indian Nation Sacred Land is plaiiily demarcated with an 8,063 pound

marker, The Indian Nation Flag, and address - all in plain sight from the road in

front.

18. That of Sept. 2, 2008 I was in prayer on said land; and, I was disrupted by a low-

flying helicopter stirring up debris and driving me from the area.

19. That I went to the Council and Ceremonial Building at the top of ttie hill only to

find three rnen in our driveway plus two tnore coming from the back of the

building.

Jurisdiction Memo 1Nilliam L. Little Soldier inage5 o`r 13

20.Triat the men identified themselves as being from the Guernsey County Sheriffs'

i-3epartinent with some departrnent of the State of Ohio; but, none of them

of°i.ered their names.

21 That I showed said rnen the documentation that they did not have any jurisdiction

on The Indian Nation Sacred Land.

22 Tliat I told them to leave forthwitli.

23 That tliey refused to leave,

24 That I informed said miscreants they were in violation of their own State Law

(F^esecration Statalle 2927.11, PartA.ss/4)

25 That I informed said miscreants that, by refusing to leave, they were committing

a. felony under Ohio State Law. (Desecration Statt.rte 2927.11, Part B- a

FLLONY)

26 That said miscreants ignored all documentation and both warnings; and, they

subsequently ordered me to let them into said Council and Ceremonial Building.

27 That I told said miscreants that, "I did not have the authority and neither did they

to go into the building."

28 That a man I believe was Officer Williams stated, "We found marijuana plants in

the back of the building."

29 That the said two marijuana plants were long dead, owners unknown.

30 That I inquired what that had to do with me.

Jarisdiction Memo William I_. Little Soldier Pane 6 of 13

31 That said of^cer screamed at me, "I can charge you with ^"elony Cultivation if you

don't let us in."

32 That said officers served me with a purported consent to search warrani.

33 That said officers coerced fne to sign said purported search warrant by trueat of

destruction of the premises.

34 That said purported search warrant was rooa dated.

35 That to prevent destruction and desecration aPmany sacred items and historical

artifacts contained therein, I signed the purported search warrant with "WOP"

after niy name. (Without I'ei•naissaaan)

36 That said miscreants illegally entered the premises and conriscated a historical

sacred pipe.

37 That it is The Indian Nation's information and belief that said illegal search and

seizure was a violation of the Native American Religious Freedom Act (T'itle 42

ChapteY 21B, Section 2000 bb, Payt A) granting exemption from iules of general

applicability.

38 That it is The Indian Nation's information and belief that it may seek both

7udieial Relief and reniedy under Title 42, Chapter 21 C Sec.

Jurisdiction Memo YVilliam L. Little Soldier Page! of 13

39 That it is The Indian Nation's infor nation and belief that, said heuious acts

were perpetrated by Guernsey County in a nusgui-ded effoit to evade tax

repayment of a loi. of snoney it does not vaant to pay.

40 That it is The Indian Nation's information and belief that ilre lower court and

its prosecutor have sought to evade all attempts to resolve and settle this

matter.

41 Tha.t it is The Indian Nation's inforination and belief that said illegal search

and seizure was a violation of the 1994 "I'echnical Correciions Act regarding

illterference in the inter-workings of an IndianTribe; such interference being

punishable by $10,000 fine and ten years in federal detention per person,

per instance, and therefore a seditious act defying the Intent of Congress

of the United States.

42 That it is The Indian Nation's inforrnation and belief that said illegal search

and seizure was a violation of our Treaty of Peace And Friendship witli the

Uiuted States of America, and therefore a treasonous offense against the

United States.

43 That it is The Indian Nation's information and belief that there is no plea

bargaining for international Treaty violations for the United States

44 That it is The Indian Nation's iirformation and belief that said illegal scarch and

seizure is in violation of the United States Bill of "Rights and Constitutional

guarantees against illegal search and seizure, making said search and seiztue

Jurisdiction Memo Wiliiam L. Little Soldier , 1'agelfl of 131

both Sedition and '1.'reason.

45 That it is The Indian Nation's information aid belicf that it is the purview and

Trust Responsibility of this court to serve and protect its citizenry (these days,

that includes Indians) ftom `enernies both foreign and clonaestic."

46 That it is The Indian Nation's information and belicl that if the Federal Niarshals

have to return to Guernsey County concerning this matter, peopic will be taken

into Federal detention to await Federal Grand Jury indictnients and prosecution

by the United States of Ainerica.

47 That it is The Indian Nation's information and belief that if the Federal Marshall

have to return to Guernsey County, they will not be looliing for me.

AflbGITM>uN'F IN SUPPORT OF PROPOSITIONS OF LAW

The State of Ohio does nothave jurisdiction over alleged civii misdemeanors

committed on Indian Land. Worcester v. Georgza, 1832

® The court ruled that tribal sovereign powers were not relinquished when Indian

Tribes exchanged land for peace or protection.

* lt held that tribes do not lose their sovereign powers by becoming subject to the

power of the U.S.; and, it held that only Congress has plenary (overridiiig) power

ove, Indian a.ffairs.

The Supreme Cout also lzeld that state laws do not apply in Indian country

Jurisdiction IV1emo William L. Little Soldier Page 9 of 13

Even ifthe court deems jurisdiction, tl-ic consequent Consent-To-Search forrri

was ifriproper ard therefore null and void from ir,ception as it was coerced by

threat of destruction of 4he premises containing sacrcd iteai5s and nuinerous

historical ar`ufacts. in U.S. v. YTrirzarrs, the U.S. Supreme Court ruled:ffi Tribes possess inherent power to dea.l witli internal affairs; they are their own

source of power. 'fhe question is not, "whence their authority?" But rather,

"whence the limitation on their authority?"

States are enjoined by I'ederal law and cLurnot irterfere in the internal workings of trPoa3 governments.

®'rhe Supreme Court has recognized the plenary power of Congress with

Indian Nations_ In the past, Congress has used its plenary power only to

implement the Major Crimes Act a ld the Policy of Termination.

Even if the court deems jurisdiction, the Consent-To-Search form was improper,

and therefore null and void from execution as the insignia "WOP" followed the

signature (WITHOUT PERMISSION).

Said search was a violation of the Federal Indian Self-Determination Act

Amendinents, 1994 through interference with Tribal Government; and, the

Munsee Delaware Nation retains the right of remedy for irreparable damages.

Even if the court deems jruisdiction, the lower couit made errors of law by

apparently not having any consideration for Federal Sovereignty, Treaty Rights,

Treaty Obligations, Sovereign Immunity, and Rules of Civil Procedure for due

process of law. Ar.rticke 6, U.S. Cnaastitar>rioae, Foaartln Amendment,, Sixth Amendment

F®ue°teearth AsneQndraaeant, U.S. Constitution

1. Even if the court deems jurisdiction, the lower court exceeded the statute

of

Jurisdiction Nliemo William L. Little Soldier Page 10 of 13

time lirnitations to rule on Pre-Tria{ Motion and for speedy trial, Sixth

ArnendHrc€mt, b7.So Constitution

2 Even if the court deems jurisdiction, the Plaintiff failed duc process tlirough lack of

discovery, interrogatory, and deposition.

3 Even if the couri. deems jurisdiction, the sentencing judge exceeded €he laaae aanorent

allowed for the minor na â sdenaeanor charge ( 292&I1 part C-sec3 (a)) and

the Appellant had to notify the court to order it reduced.

CONCLUSION

1. in conclusion the APPELLENTS asks the Court to overturn the lower courts decision of

the illegal action taken by the State and particularly Guernsey County Sheriff's department

against the APPELLENTS,

2. The APPELLENTS finther ask that all costs to this case be assigned to the State.

3. The APPELLENTS also ask that ALL cases, including the other charges

directly related to this case that the APPELLENTS were found NOT GUIL,TY of to be removed

from the record, to wit, the charge of Cuhivation of Marijuana and the charge ofParaphernalia.

4. The APPELLENTS nnther ask the court to issue a Cease and Desist order to the Guernsey

county Sheriffs office to prevent entry without permission or harassment to the Triballands or

individuals on it in the future.

Jurisdiction Memo William L. Little Soldier Page aI of 13

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of this MEMORANDUM iN SUPPORT OF

JURISDICTION was sent postage prepaid or hand delivered to:

Judge Shelia Farmer William Ferguson, et al

Guernsey County Court of Appeals Cambridge law Director

Fifth Appellate District 134 Southgate Pkwy.

801 Wheeling Ave. D-205 Cambridge, Oh. 43725

Cambridge, Oh. 43725

Appellant

Chief William Little Soldier,r

Mun,^,be D^laware*6ian (Vation-USAa..._

G v ,;^,.rttTtr 6hMi- t.A GLVEL"-:h

+GrAaY PuHIJC, 57aTE or oiiiPr,uiy,t1tSS:4p! FXPIRk:S &f{;Ii{1N 7l 2 Oi;; 16

-9 ..^ol/Dated this 2_ day of June, 2010

Jurisdiction Memo William L. Little Soldier Page 12 of 13

FfFTH APPELLATE D1STRiCT

STATE OF OHIOCASE NO. 09CA000012

Plaintift-Appellee

JUDGMENT ENTRY

WILLfAM LITTLE SOLDIER

Defendant-Appellant

'i his matter came before the Couit upon Appellant's "Recluest to Re-open

or Re-file." The instant appeal was dismissed for want of prosecution based

upon Appellant's failure to file a brief. Appeitant avers he did not file a brief

because he did not have the documents necessary to comply with the appellate

arui local rules.

Appellant's motion is denied.

MOTION DCNIED.

iT IS SO ORDERED.

(1JUDGE

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