Category Archives: Criminal

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

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

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

OVW & NIJ are seeking nominations for the VAWA 904 Research Task Force

Here: 904_task_force_nomination_letter

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Cert Stage Briefs in Herrera v. Wyoming

2017-10-05 Herrera Cert Petition Question presented: Whether Wyoming’s admission to the Union or the establishment of the Bighorn National Forest abrogated the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States,” thereby permitting the present-day criminal … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Supreme Court, treaty rights | Tagged , , , | Leave a comment

Tenth Circuit Issues Slightly Modified Opinion in Murphy v. Royal, Denies En Banc Petition

Here is the order with the corrected opinion, and an opinion concurring in the denial of en banc review from Judge Tymkovich: Order Denying En Banc Petition En banc petition stage materials here. Panel materials here.

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

Tenth Circuit Materials re: Oklahoma’s En Banc Petition in Murphy v. Royal

Here are the primary briefs: 2017 09 21 petition for rehearing 2017 10 10 u.s. amicus in support of petition appellant’s resp to en banc pet muscogee (creek) nation amicus brief in opposition to en banc pet Here are additional … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , | 2 Comments

Michigan COA Rules Former Tribal Official with Criminal Record Not Eligible for State and Local Office

Here is the opinion in Paquin v. City of St. Ignace: unpublished opinion An excerpt: In light of the foregoing, we hold that the Tribe constitutes a local government and that plaintiff’s employment with the Tribe constituted employment in “local, … Continue reading

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Herrera v. Wyoming Cert Petition

Here: 2017-10-05 Herrera Cert Petition Question presented: Whether Wyoming’s admission to the Union or the establishment of the Bighorn National Forest abrogated the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States,” thereby permitting the … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Supreme Court, treaty rights | Tagged , , , | Leave a comment

Federal Court Finds Tribal Court Exhaustion Futile, Grants ICRA Habeas Petition

Here are the materials in Toya v. Toledo (D.N.M.): 10 Amended Habeas Petition 13 Answer 16 Reply 18 Magistrate Report 19 DCT Order Adopting Magistrate Report Prior post here.

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