Tag Archives: United States v. Cavanaugh

Ninth Circuit Reaffirms that Uncounseled Tribal Court Convictions Resulting in Jail Time May Not Be Used to Enhance Federal Sentences

Here is the opinion in United States v. Bryant. From the court’s syllabus: The panel reversed the district court’s denial of a motion to dismiss an indictment charging the defendant, an Indian, with two counts of domestic assault by a … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, tribal courts | Tagged , , , , , , , , | Leave a comment

Supreme Court Denies Cert in Shavanaux

As expected, given the denial in Cavanaugh. Here is today’s order (Shavanaux is on page 4). Here is our post on this question — how (and whether) federal courts may use uncounseled tribal court convictions for sentencing purposes. The cert petitions … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, tribal courts | Tagged , , , , , | Leave a comment

Cavanaugh and Shavanaux Cert Petitions: Challenges to Use of Uncounseled Tribal Court Convictions in Federal Sentencing

Here they are: 11-7379 Cavanaugh Cert Petition 11-7731 Shavanaux Cert Petition The Cavanaugh question presented (Cavanaugh is now represented by Alex Reichart of United States v. Lara fame): Whether the United States Constitution precludes the use of prior, uncounseled, tribal court … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Supreme Court | Tagged , , , , , | 3 Comments

More on Uncounseled Tribal Court Convictions

Recently, two federal circuits — the Eighth and the Tenth — have affirmed trial courts’ use of uncounseled tribal court convictions to increase prison sentences under the federal habitual offender statute (18 U.S.C. § 117). The cases are Cavanaugh and Shavanaux. … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, tribal courts | Tagged , , , | 2 Comments

Divided Eighth Circuit Panel Affirms Use of Uncounseled Tribal Court Convictions in Federal Sentencing Enhancement

Here is the opinion in United States v. Cavanaugh: CA8 Opinion in Cavanaugh. Briefs are here.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, tribal courts | Tagged , , | 3 Comments

Top Ten Indian Law Cases of 2010 on Turtle Talk

A slightly different list than our first post, this post looks at the top cases in Indian law based on hits to the post on Turtle Talk.  These can include posts about preliminary matters in the case.  Cases will only … Continue reading

Posted in Author: Kate E. Fort | Tagged , , , , , , , , , | Leave a comment

Eighth Circuit Briefing Complete in United States v. Cavanaugh–Challenge to Use of Uncounseled Tribal Court Convictions

Since this is also a challenge to a federal statute, expect a strong cert petition from the US if it loses this case in the Eighth Circuit. If not, then look for a circuit split down the line. Here are … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , , , , | 1 Comment

Federal Court Dismisses Indictment in Indian Country Domestic Violence; Questions Constitutionality of Statute

Here is United States v. Cavanaugh (D. N.D.), where the court dismissed an indictment under the federal domestic violence by a habitual offender in Indian Country statute (18 U.S.C. 117), holding that the use of prior uncounseled tribal court D.V. … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, tribal courts | Tagged , , , , , | 4 Comments