Miranda v. Nielson — Tribal Court Authority to Stack Consecutive Sentences

A federal magistrate has issued a report and recommendation (something not yet binding until the federal judge signs it) holding that Indian tribes do not have authority to sentence convicted criminals to consecutive sentences amounting to more than 1 year (the limit set by the Indian Civil Rights Act).

Here is the report and recommendation — Magistrate Report

4 thoughts on “Miranda v. Nielson — Tribal Court Authority to Stack Consecutive Sentences

  1. Brent Leonhard December 16, 2009 / 1:43 pm

    Terrible decision. If this eventually goes to the 9th (and it isn’t made moot with the proposed changes in the Law and Order Act), I hope there will be an effort to get the various 9th circuit tribes to draft an amicus brief, and perhaps a tribal law professor amicus brief.

  2. Judge Schlender January 12, 2010 / 3:31 pm

    Without providing legal reasoning the decision is worthless. Even magistrates should be required to state their analysis and judicial construction.

  3. Geoffery Stauffer January 13, 2010 / 5:26 pm

    J. Schlender is right on. The Dist. Ct. just rubber-stamped a terribly flawed R&R. I doubt anyone beyond maybe a law clerk even read the Tribal objections (which were spot on), or even the (excellent) Tribal appellate decision.

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