Ninth Circuit Reverses Tribal Conviction on Failure to Guarantee a Jury Trial

Here is the opinion in Alvarez v. Lopez.

An excerpt:

We consider whether an Indian tribe violated a criminal defendant’s rights by failing to inform him that he could receive a jury trial only by requesting one.

The answer was yes. One judge dissented.

The same panel had held in 2014 that the petitioner had failed to exhaust tribal remedies. Those materials here.

The panel issued this opinion on rehearing. Here are the rehearing stage materials:

Alvarez Motion for Rehearing

Alvarez Supplemental Brief

CA9 Order for Supplemental Briefs

GRIC Opposition

GRIC Supplemental Brief

NACDL Amicus Brief