Tag Archives: double jeopardy

Oral Argument Transcript in Case on Whether the Dual Sovereignty Exception to the Double Jeopardy Clause Should Continue

Worth a read. The federal government’s attorney’s representations about tribal criminal jurisdiction and tribal prerogatives are . . . interesting. Here is the transcript in Gamble v. United States. The docket page is here. The NWIRC and NCAI brief is … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Supreme Court | Tagged , ,

The Atlantic on the Challenge to the Dual Sovereignty Exception

Here is “A Supreme Court Case Could Liberate Trump to Pardon His Associates.”

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Supreme Court | Tagged ,

Ninth Circuit Briefs in U.S. v. Bearcomesout — Federal Defenders Seek End of the Dual Sovereignty Exception for Indian Tribes

Here are the briefs in United States v. Bearcomesout: Opening Brief Answer Brief Reply An excerpt from the opening brief: Because the Northern Cheyenne Constitution cedes almost unfettered authority to the federal government, Ms. Bearcomesout’s prior conviction in Tribal Court … Continue reading

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

Montana Supreme Court Reverses Conviction of CSKT Member

Here are the materials in State v. James: State v James Opinion James Opening Brief Montana Brief James Reply Brief Interesting double jeopardy case, in that Montana law recognizes tribal court convictions for state double jeopardy purposes.

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

New Mexico Court of Appeals Holds that Tribal Court Child Custody Case Does Not Preempt State Case

Here is the opinion in State v. Diggs, in which the court rejected a double jeopardy argument. An excerpt: Defendants Jonathan Diggs and Rebecca Miller appeal in advance of their trial from the district court’s denial of their motions to … Continue reading

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