New Empirical Research on Federal Court Sentencing of Indian Country Defendants

Jeffery T. Ulmer & Mindy S. Bradley have published Punishment in Indian
Country: Ironies of Federal Punishment of Native Americans in Justice Quarterly:

Ulmer Bradley (2018) – Punishment in Indian Country

Here is the abstract:

Native Americans are US citizens, but they are also tribal nationals subject to complex and unique criminal jurisdiction arrangements over Indian lands. Tribal nations typically have tribal court jurisdiction over less serious crimes, but for serious crimes the federal justice system often supersedes tribal authority, exposing Native Americans to more severe punishments. In addition, recent federal programs have attempted to foster greater tribal/federal criminal justice coupling. Yet, examinations of criminal punishment of Native Americans are few, and most are outdated and/or of very limited generalizability. We examine the punishment of Native American defendants in federal court, focusing on 28 federal districts with substantial Indian presence. Using recent US Sentencing Commission data, as well as contextual data from the Bureau of Indian Affairs and tribal courts, we focus on differences in the federal sentencing of Native American defendants, and how these differences are conditioned by indicators of tribal-federal criminal justice coupling.

Federal Court Orders Willie Grayeyes Back on Ballot in San Juan County

News coverage here, here, and here.

Here are most of the materials in Grayeyes v. Cox (D. Utah):

13 motion for preliminary injunction

57 San Juan county opposition to 13

65 motion to dismiss

68 reply in support of 13

92 dct order denying motion to dismiss

The order to restore Mr. Grayeyes to the ballot has not yet been filed on PACER.

Federal Court Declines to Enjoin State Prosecution of Shinnecock Fishers

Here are the materials in Silva v. Farrish (E.D. N.Y.):

3 Motion for PI

44 Opposition

48 DCT Order

Briefs here.

Second Circuit Briefs in State of New York v. King Mountain Tobacco Inc.

Here:

King Mountain Opening Brief

NCAI Amicus Brief

New York Brief

US Amicus Biref

King Mountain Reply

Prior posts here.

Seventh Circuit Briefs in Stockbridge-Munsee Community v. State of Wisconsin & Ho-Chunk Nation

Here:

SMC Opening Brief

Wisconsin Answer Brief

Ho-Chunk Nation Answer Brief

Reply Brief

Lower court materials here. Other materials here.

Federal Court Allows CFPB Suit to Proceed against Think Finance

Here are the materials in Consumer Financial Protection Bureau v. Think Finance (D. Mont.):

51 Motion to Dismiss

59 Response

61 Reply

65 NFOA & Oklahoma Amicus Brief

78 DCT Order

Ninth Circuit Dismisses Carter v. Tahsuda [formerly A.D. v. Washburn] as Moot

Here is the order:

Doc 75-1 – Memorandum Op

Materials are here.

NYTs: “See the Scars That Oil Exploration Cut Across Alaska’s Wilderness”

Here.

Background Materials in Sharp v. Murphy (formerly Carpenter v. Murphy & Royal v. Murphy)

Tenth Circuit opinion:

MURPHY v ROYAL OPINION

Order Denying En Banc Petition [amended panel opinion]

Here are the merits briefs:

Joint Appendix

2018 09 24 US divided argument motion

2018 09 26 MCN Motion for Oral Argument

Petitioner’s Briefs

Petitioner’s Brief

United States Brief in Support of Petitioner

States Amicus Brief in Support of Petitioner

Environmental Federation of Oklahoma Amicus Brief

International Municipal Lawyers Association Amicus Brief

Oklahoma Independent Petroleum Association Amicus Brief

Oklahoma Sheriffs_ Association Amicus Brief

Reply Brief

petitioner_s supplemental brief

united states supplemental brief

Respondent’s Briefs

Respondent’s Brief

Cherokee and Scholars Brief

Choctaw and Chickasaw and State Officials Amicus Brief

Former US Attorneys’ Amicus Brief

Muscogee (Creek) Nation Amicus Brief

National Indigenous Women’s Resource Center Amicus Brief

NCAI Amicus Brief

respondent_s supplemental brief

supplemental brief of amicus curiae muscogee creek nation

Cert stage briefs:

Cert Petition

Murphy BIO FINAL

US Amicus Brief Royal v. Murphy

No. 17-1107 Murphy Reply — Final

Environmental Federation Of Oklahoma Inc Amicus Brief

OIPA Amicus Brief

Tenth Circuit en banc stage materials:

2017 09 21 petition for rehearing

2017 10 10 u.s. amicus in support of petition

appellant’s resp to en banc pet

muscogee (creek) nation amicus brief in opposition to en banc pet

amicus mtn ok oil and gas et al

motion by ok independent petroleum assn to file amicus brief

ok municipal league mtn to file amicus

united keetoowah band amicus resp to en banc pet

Tenth Circuit panel stage materials:

Appellant’s Brief Murphy v Royal

MCN & Seminole Nation Amicus Curiae Murphy v Royal

BRIEF AMICUS CURIAE OF THE UNITED KEETOOWAH BAND

BRIEF OF RESPONDENT-APPELLEE

Appellant’s Reply Brief

APPELLANT’S NOTICE OF SUPPLEMENTAL AUTHORITY

MOTION FOR PERMISSION TO PARTICIPATE IN ORAL ARGUMENT AS AMICUS CURIAE

Order Granting Oral Argument