Category Archives: Criminal

Gabrielle Scrimshaw Commentary on Colton Boushie Murder

Here is “A Killing in Saskatchewan,” in the New York Times.

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Tenth Circuit Affirms Conviction (again) for Mail Fraud against Paiute Indian Tribe of Utah

Here is the unpublished opinion in United States v. Zander. Prior post here.

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Royal v. Murphy Cert Petition (Death Penalty & Muscogee Reservation Boundaries)

Here: Cert Petition Question presented: Whether the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an “Indian reservation” today under 18 U.S.C. § 1151(a). Lower court materials here.

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Jim Diamond on Practicing Indian Law in Federal, State, and Tribal Criminal Courts

James D. Diamond just published “Practicing Indian Law in Federal, State, and Tribal Criminal Courts and an Update on Recent Expansion of Criminal Jurisdiction Over Non-Indians” in the ABA’s Criminal Justice Magazine. PDF SSRN

Posted in Author: Matthew L.M. Fletcher, bar journal, Criminal, Tribal Codes, tribal courts | Tagged | 2 Comments

Eid & Goldtooth on Navajo Juvenile Justice Law

Troy A. Eid and DeAnna Goldtooth have published “’Children Are Sacred’:  Applying Navajo (Dine’) Fundamental Law to Strengthen Juvenile Justice” at 62 The University of South Dakota Law Review 728 (2017). The draft manuscript is here.

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

Ninth Circuit Briefs in United States v. Cloud (Search and Seizure on Indian Lands)

Here: Cloud opening brief US answer brief

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OIG Report: “Review of the Department’s Tribal Law Enforcement Efforts Pursuant to the Tribal Law and Order Act of 2010”

OIG Indian Country Crimes Report

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Federal Court Dismisses Habeas Petition by Kickapoo Member for Failure to Exhaust Tribal Remedies

Here are the materials in Darnell v. Merchant (D. Kan.): 1 Habeas Petition 15 Response 17 Reply 33 DCT Order An excerpt: Petitioner Bobbie Darnell, a member of the Kickapoo Tribe in Kansas (the “Tribe”), filed a Petition for Writ … Continue reading

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Assn. of Village Council Presidents Files Brief on the Lack of Alaska Natives on State Criminal Juries

Here is the brief in Smith v. State of Alaska: AVCP amicus brief

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Tribal Special Criminal Jurisdiction over Domestic Violence Statistics

Here: The Following Tribes have implemented to date (as of last Friday): 1. Pascua Yaqui (51 investigations, 18 Convictions, 3 jury trials, 3 extradtions) * 2. Tulalip Tribes of WA. (23 cases, 14 Convictions) * 3. Sisseton Wahpeton Oyate (SD/ND) … Continue reading

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