Contributors
Top Posts
- Leadership Dispute at Chukchansi -- Federal Court Suit over Bank Accounts
- St. Regis Mohawk Also In Talks with Gov. Cuomo
- Univ. of Montana Law Dean Posting
- Federal Court Enjoins Seneca Member-Owned “All Of Our Butts” from Selling Smokes in New York City
- Tribal Court Denies Injunction in Nooksack Disenrollee Challenge
Tag Archives: United States v. Cavanaugh
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
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
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
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.
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 Attorney's Process and Investigation Services v. Sac and Fox Tribe, Menominee Tribal Enterprises v. Solis, Miranda v. Nielson, Pacheco v. Massengill, Red Earth LLC v. United States, Saginaw Chippewa Indian Tribe v. Granholm, United States v. Cavanaugh, United States v. Paquin, United States v. Tohono O'odham Nation, Wells Fargo Bank v. Lake of the Torches Economic Development Corp.
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
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
