Category Archives: Criminal

Federal Court Orders Indian Prisoner to Add Charging Tribe to Suit in ICRA Habeas Action

Here is the order in Talk v. Southern Ute Detention Center (D.N.M.): 8 DCT Order

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Eighth Circuit Vacates Sentence in United States v. Spotted Horse

Here.

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Next Time You Ask about Individual Rights Protections in Tribal Courts, Think about this Decision First (Part II)

See Emily Bazelon’s “She Was Convicted of Killing Her Mother.Prosecutors Withheld the Evidence That Would Have Freed Her. By the time Noura Jackson’s conviction was overturned, she had spent nine years in prison. This type of prosecutorial error is almost never punished.” Above … Continue reading

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Ninth Circuit Affirms Indian Country DV Conviction

Here is the opinion in United States v. Seminole. An excerpt: We are far from solving the crisis of domestic violence, as “[t]his country witnesses more than a million acts of domestic violence, and hundreds of deaths from domestic violence, each year.” United … Continue reading

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Have Any Indians Served on a Federal Criminal Jury, Ever?

Three Indians were struck from the jury during voir dire in United States v. Harding, including one who was struck because he was struck in a prior case. And that’s okay under federal law, apparently: The prosecutor gave these reasons … Continue reading

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GAO Report on Human Trafficking in Indian Country

The General Accounting Office has published a report, HUMAN TRAFFICKING: Information on Cases in Indian Country or that Involved Native Americans. PDF

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Tenth Circuit Affirms Major Crimes Act Murder Conviction

Here is the opinion in United States v. Magnan.

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Ninth Circuit Briefs in United States v. Cooley

Here: US Brief An excerpt: A tribal law enforcement officer conducted a welfare check on Cooley, who had pulled over on a public highway where it crosses the Crow Reservation. It appeared to the officer that he was dealing with a non-Indian person. Soon … Continue reading

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Hackford v. Utah Cert Petition (Ute Reservation Boundaries)

Here: Hackford v Utah Cert Petition Questions presented: 1. Whether the Acts of Congress, authorizing the President to set apart and reserve any reservoir site or other lands necessary to conserve and protect the water supply for the Indians or … Continue reading

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Ninth Circuit Affirms Qualified Immunity for BIA Officers Who Arrested Non-Indian Pursuant to Tribal Court Bench Warrant

Here is the unpublished memorandum in Roberts v. Elliott (In re Roberts Litigation). An excerpt: The Supreme Court has not addressed the interaction between Oliphant’s rejection of inherent criminal jurisdiction over non-Indians and a non-Indian’s ability to waive the question of personal jurisdiction … Continue reading

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