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. convictions to establish the “habitual” element of the crime was unconstitutional. See my paper on how state courts should use, if at all, uncounseled tribal court convictions. The court rejected claims that the statute itself was unconstitutional under Morrison and Lopez.
Here are the materials:
Incidentally, the defendant is represented by Alex Reichart, the very same litigator who argued himself into a hole in United States v. Lara. And the government is represented by the same AUSA, Janice Morley. AND the parallel tribal court cases are out of the Spirit Lake Tribal Court, where I believe the tribal prosecutor in Lara was (and may still be) Michelle Rivard Parks. See my paper on Lara for their post-Lara argument interactions.