Tag Archives: United States v. Cavanaugh
Brief in Support of Petitioner here. U.S. cert petition previously posted here.
United States v. Bryant Cert Petition — Federal Habitual Offender Statute and Uncounseled Tribal Court Convictions
Here is the petition: Cert Petition Question presented: Section 117(a) of Title 18, United States Code, makes it a federal crime for any person to “commit a domestic assault within the special maritime and territorial jurisdiction of the United States … Continue reading →
Here are the materials: CA9 Order Denying En Banc Petition + Opinions US En Banc Petition NCAI Amicus Brief Bryant Response Panel materials and commentary are here.
Ninth Circuit Reaffirms that Uncounseled Tribal Court Convictions Resulting in Jail Time May Not Be Used to Enhance Federal Sentences
Here is the opinion in United States v. Bryant. From the court’s syllabus: The panel reversed the district court’s denial of a motion to dismiss an indictment charging the defendant, an Indian, with two counts of domestic assault by a … Continue reading →
As expected, given the denial in Cavanaugh. Here is today’s order (Shavanaux is on page 4). Here is our post on this question — how (and whether) federal courts may use uncounseled tribal court convictions for sentencing purposes. The cert petitions … Continue reading →
Cavanaugh and Shavanaux Cert Petitions: Challenges to Use of Uncounseled Tribal Court Convictions in Federal Sentencing
Here they are: 11-7379 Cavanaugh Cert Petition 11-7731 Shavanaux Cert Petition The Cavanaugh question presented (Cavanaugh is now represented by Alex Reichart of United States v. Lara fame): Whether the United States Constitution precludes the use of prior, uncounseled, tribal court … Continue reading →
Recently, two federal circuits — the Eighth and the Tenth — have affirmed trial courts’ use of uncounseled tribal court convictions to increase prison sentences under the federal habitual offender statute (18 U.S.C. § 117). The cases are Cavanaugh and Shavanaux. … Continue reading →
Divided Eighth Circuit Panel Affirms Use of Uncounseled Tribal Court Convictions in Federal Sentencing Enhancement
Here is the opinion in United States v. Cavanaugh: CA8 Opinion in Cavanaugh. Briefs are here.
A slightly different list than our first post, this post looks at the top cases in Indian law based on hits to the post on Turtle Talk. These can include posts about preliminary matters in the case. Cases will only … Continue reading →
Eighth Circuit Briefing Complete in United States v. Cavanaugh–Challenge to Use of Uncounseled Tribal Court Convictions
Since this is also a challenge to a federal statute, expect a strong cert petition from the US if it loses this case in the Eighth Circuit. If not, then look for a circuit split down the line. Here are … Continue reading →