U.S. v. Shavanaux — Government’s Brief on Appeal Where Indictment Dismissed Based on Reliance on Tribal Court Convictions

Matthew L.M. Fletcher

Interesting, and a case to watch. The government is attempting to prove a recidivist element of the crime (domestic violence) through use of two or more uncounseled tribal court convictions. Lower court materials here.

Here is the opening brief: US Appellant Brief in Shavanaux.

4 thoughts on “U.S. v. Shavanaux — Government’s Brief on Appeal Where Indictment Dismissed Based on Reliance on Tribal Court Convictions”

  1. Harold Monteau January 6, 2011 / 11:41 am

    If this holds up Congress better be ready to fund a whole system of Federal Public Defenders for Tribal Courts. It’s only fair. The “good intent” behind the case, to deter domestic violence, comes with a price tag and its a price tag Congress should pay.

  2. Brent Leonhard January 6, 2011 / 12:10 pm

    Kudos to the US Atty Office District of Utah, the AUSA who took this case, and the US DOJ Appellate Section for pushing this issue forward.

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