Tag Archives: 1868 Treaty of Fort Laramie

New Scholarship on Standing Rock, Treaties, and the Supremacy Clause

Carla F. Fredericks & Jesse D. Heibel have posted “Standing Rock, the Sioux Treaties, and the Limits of the Supremacy Clause,” forthcoming in the University of Colorado Law Review. Here is the abstract: The controversy surrounding the Dakota Access Pipeline … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Scholarship, treaty rights | Tagged , , , , , , | Leave a comment

Federal Circuit Revives “Bad Men Clause” Claim

Here are the materials in Jones v. United States. Opinion Briefs: Jones Brief US Response Brief Reply  

Posted in Author: Matthew L.M. Fletcher, Research, treaty rights, trust relationship | Tagged , , , | Leave a comment

Eighth Circuit Affirms Pine Ridge Man’s Drug Conviction, but Criticizes Harsh Sentence

Here is the opinion in Walking Eagle v. United States. And footnote 2 (joined by two of the judges): In affirming the denial of postconviction relief to Walking Eagle, we nevertheless observe that Walking Eagle’s 20-year mandatory minimum sentence is … Continue reading

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

Prisoner Challenge to Major Crimes Act under 1868 Treaty of Fort Laramie Fails

Here are the materials in United States v. Fay (D. S.D.): DCT Order Fay Rule 60 Motion

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

Treaty Rights Challenge to Migratory Bird Treaty Act Prosecution Fails

Here are the materials so far in United States v. Crooked Arm (D. Mont.): Crooked Arm Indictment Crooked Arm Motion to Dismiss US Response Crooked Arm Reply DCT Order Denying Motion to Dismiss

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

Federal Court Rejects Double Jeopardy-Related Habeas Petition from Prisoner Previously Convicted in Tribal Court

Here are the materials in Jacobs v. United States (D. S.D.): 2255 Motion Government’s Response Jacobs’ Response DCT Order Denying Habeas Relief Materials from Mr. Jacobs’ direct appeal of his conviction based on the 1868 Fort Laramie treaty is here.

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

South Dakota Federal Court Reminds Prisoners — 1868 Treaty “Bad Men” Clause Does Not Get You Off the Hook

Here is the opinion in United States v. Wright (D. S.D.): DCT Order Dismissing Wright Complaint An excerpt: Although this Court does not need to reach the merits of Wright’s claims, this Court has had cause, on a number of … Continue reading

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

PBS Newshour Video on Black Hills Judgment

Here.

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

Eighth Circuit Rejects Challenge to Federal Prosecution Based on 1868 Treaty of Fort Laramie

Here is the opinion in United States v. Jacobs: United States v. Jacobs CA8 Opinion. The court’s syllabus: Argument that the government’s failure to comply with the provisions of the Fort Laramie Treaty deprived the district court of criminal jurisdiction rejected; … Continue reading

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

“Bad Men” Treaty Claim against U.S. re: Personal Injury Case Dismissed

Interesting argument, which in a nutshell is that the 1868 Treaty of Fort Laramie requires the United States to be responsible for “bad men” on the reservation, and therefore the federal government is liable for torts of bad white men … Continue reading

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