Category Archives: Criminal

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

Sixth Circuit Affirms Indian Country Assault Conviction

Here is the opinion in United States v. Verwiebe.

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

Oklahoma En Banc Petition in Murphy v. Royal

Here: State En Banc Petition Panel materials here.

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

Eighth Circuit Affirms Major Crimes Act Conviction over Dissent on Right to Counsel in Tribal Court (Rosebud Sioux)

Here are the materials in United States v. Long: Opinion Long Brief US Brief Reply An excerpt from the dissent: A misdemeanant like Michael Long is forbidden to possess a firearm only if he was “represented by counsel in the case” … Continue reading

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

Kialegee Tribal Town Sues over Raid by Muscogee (Creek) Lighthorsemen

Here is the complaint in Kialegee Tribal Town v. Dellinger (N.D. Okla.): 2 Complaint

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

NYTs: “Most American Indian Tribes Opt Out of Federal Death Penalty”

Here. An excerpt: Tamera Begay, a Navajo woman, has studied the Mitchell case and agrees the tribe should steer clear of the death penalty. “There’s so much federal jurisdiction, that’s worrisome,” she said.

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

Ninth Circuit Affirms Major Crimes Act Manslaughter Conviction

Here is the unpublished opinion in United States v. Bearcomesout.

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

Federal Magistrate Recommends Rejection of Challenge to Federal & Hualapai Criminal Convictions

Here are the materials so far in Smith v. United States (D. Ariz.): 1 Motion to Vacate 8 Government Response 13 Reply 14 Magistrate Report

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

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

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