Federal Court Holds Tribe May Prosecute Disenrollee

Here are the materials in Las Vegas Tribe of Paiute Indians v. Phebus (D. Nev.):

1 Complaint

1-1 Tribal Court of Appeals Opinion

8 Motion for Declaratory Judgment

10 DCT Order

An excerpt:

The Court DECLARES that the Tribe may assert criminal jurisdiction over any person qualifying as an Indian under the ICRA, as interpreted in cases such as United States v. Bruce, 394 F.3d 1215 (9th Cir. 2005), but in such a prosecution the Tribe must prove Indian status beyond a reasonable doubt, and the Tribal Court must submit the question to a jury where the crime is punishable by imprisonment, unless the jury right is properly waived, and there is no evidence that these procedures were followed as to Phebus in the cases cited. Furthermore, if the Tribe seeks to prosecute a non-member whose membership it has revoked or rejected, the Indian status analysis in such a prosecution may not rely upon political affiliation with the Tribe, but only upon actual or de facto membership in another tribe.