Author: Matthew L.M. Fletcher – Page 277

Eighth Circuit Affirms Major Crimes Act Conviction over Dissent on Right to Counsel in Tribal Court (Rosebud Sioux)

August 29, 2017August 29, 2017Matthew L.M. Fletcher

Here are the materials in United States v. Long:

An excerpt from the dissent:

A misdemeanant like Michael Long is forbidden to possess a firearm only if he was “represented by counsel in the case” in which he sustained the misdemeanor conviction, or if he “waived the right to counsel in the case.” 18 U.S.C. § 921(a)(33)(B)(i)(I). It is undisputed that Long did not waive the right to counsel and that he was not represented by a lawyer in the case. The court concludes, however, that because Long was represented in the case by a nonlawyer, dubbed a “lay counsel” by the Rosebud Sioux Tribe, he was “represented by counsel in the case.” I believe that this conclusion is inconsistent with the meaning of the word “counsel” in the statute, so I would reverse Long’s conviction for possession of a firearm as a prohibited person.

Materials in Cherokee Nation Trust Breach Claims against Interior

August 29, 2017August 29, 2017Matthew L.M. Fletcher

Here are the materials so far in Cherokee Nation v. Dept. of Interior (W.D. Okla.):

1 Complaint

51-1 Motion to Dismiss

55 Cherokee Motion to Strike Exhibits

58 US Response to Motion to Strike

59 Cherokee Reply in Support of Motion to Strike

63 Cherokee Response to Motion to Dismiss

Sarah Deer on Improving the Federal Response to Sexual Violence in Indian Country

August 29, 2017Matthew L.M. Fletcher

Sarah Deer has Published “Bystander No More? Improving the Federal Response to Sexual Violence in Indian Country” in the Utah Law Review.

Here is the abstract:

For better or worse, the federal government has taken responsibility for providing for the protection of Native people. So long as the federal government refuses to allow tribes to govern themselves completely and independently, it is imperative that the federal government enact policies empowering Native survivors of sexual assault. The federal government must do more to protect tribal members from sexual predators, to safeguard reservations not only from career criminals but also to ensure that federal agencies like the Bureau of Indian Affairs and the Indian Health Services do not hire men with a history of violence against women or children. Further, when attacks do occur, the federal government must investigate and prosecute these crimes in a timely manner.

Highly recommended.

NYTs Op-Ed: “The Rush to Develop Oil and Gas We Don’t Need”

August 28, 2017Matthew L.M. Fletcher

By Jim Lyons, here.

An excerpt:

Imagine the businessman Donald Trump putting his real estate up for sale when the market was near the bottom. That’s the equivalent of what President Trump is doing with the oil and gas on our public lands. His misguided move to increase production in a soft energy market is bad for government revenues, not necessary for national security and likely to damage natural resources that millions of Americans use and enjoy.

Idaho Federal Court Holds Tribe’s Effort to Enforce Tribal Judgment Must Be Dismissed Unless Tribe is Seeking an Order on Tribal Court Jurisdiction

August 28, 2017Matthew L.M. Fletcher1 Comment

Here are the materials in Coeur d’Alene Tribe v. Hawks (D. Idaho):

1 Complaint + Exhibits

6-1 Motion to Dismiss

10 Response

12 Reply

16 DCT Order

An excerpt:

But here, the Hawks have not challenged the Tribal Court‘s jurisdiction to make the award, and the Tribe has not sought a declaratory judgment that its courts had jurisdiction over the Hawks. Instead, the Tribe is simply asking a federal court to domesticate and enforce a Tribal Court Judgment. While such a claim has a basis in Idaho law and can be enforced in Idaho courts pursuant to Idaho Code § 10-1401 et. seq., the Tribe cites no federal statute or law that is in dispute and that could be used to create a federal question.