Author: Matthew L.M. Fletcher

More details on the competition here.

Eighth Circuit Rejects 1868 Fort Laramie Treaty Defense to Federal Drug Prosecution

October 31, 2012Matthew L.M. Fletcher

Here are the materials in United States v. LeBeau:

US v Lebeau CA8 Opinion (unpublished)

LeBeau Opening Brief

US Appellee Brief

FBA Announcement — Indian Law Section Members May View Nov. 8-9, 2012 Harvard Law School Indian Law Conference Online

October 31, 2012November 1, 2012Matthew L.M. Fletcher2 Comments

More details on the Harvard conference here (HLS Conference Schedule FINAL)

From the FBA:

Dear Indian Law Section Members:

It is with great pleasure that we announce to you a new, free program offering from the Federal Bar Association. Indian Law Section member Professor Robert Anderson, currently serving as the Oneida Nation Visiting Professor at Harvard Law School, has put together a fantastic two-day conference on Tribal Courts and the Federal System. The conference is set to take place in Cambridge, Massachusetts November 8 and 9, 2012, and features a number of tribal leaders and prominent Indian Law scholars and policy-makers. As a service to our members, the Indian Law Section is sponsoring live-streaming of this event via our website at www.fedbar.org. Indian Law Section members will be able to enjoy the entirety of the two-day conference free via the internet broadcast.

A full conference agenda is attached, and also pasted below. This conference will bring together tribal judges and attorneys, tribal, state, and federal government policymakers, and scholars to explore issues Indian tribal courts currently face in criminal and civil enforcement, jurisdiction, and lawmaking. The first of its kind at Harvard Law School, the conference promises to provide expert dialogue on the latest developments in tribal civil and criminal jurisdiction and to increase awareness within the legal community of the unique place of tribal courts in the federal system.

During the first day, the conference will focus upon the work of the Tribal Law and Order Commission, which Congress established in the Tribal Law and Order Act of 2010. Because the Commission’s work focuses upon criminal jurisdiction, the panels on the first day will address criminal law enforcement in Indian Country, tribal criminal jurisdiction, and intergovernmental cooperation in criminal enforcement. We are fortunate to have the new Assistant Secretary for Indian Affairs, Kevin Washburn, to provide the keynote address. The second day will turn to tribal civil jurisdiction, with a half-day session on the federal common law rules affecting tribal adjudicatory and regulatory authority as well as a discussion of tribal lawmaking. The conference closes with an address from the Honorable Hilary Tompkins, Solicitor, U.S. Department of the Interior.

The conference will be an opportunity for tribal judges, attorneys, and officials to meet with federal and state judges and officials as well as academics for focused discussions of pressing issues in tribal civil and criminal theory and practice. We are delighted to be able to make this conference accessible to our membership around the country.

To access the live-streaming broadcast on the day of the event, Indian Law Section members should please visit http://www.fedbar.org/TribalCourts2012. Pre-registration is not necessary for this event. If you require assistance with your Section log-in credentials, please contact Sherwin Valerio at svalerio@fedbar.org.

This conference event replaces, on a trial basis, our annual D.C. Indian Law Conference, which we have traditionally offered in November. We are hopeful that our Section members will find this conference thought-provoking and meaningful and will also enjoy the opportunity to take advantage of this great programming from the comfort of your own homes or offices. Please do not hesitate to contact me if you have any questions or concerns.

Best,

Jennifer Weddle, Indian Law Section Chair

Bravo!!!!

NCAI Resolution Supporting Repeal or Reform of Section 1500

October 31, 2012Matthew L.M. Fletcher1 Comment

Here:

SAC-12-061 final (3)

Univ. of Michigan Law School NAPGRA Panel — Updated

October 31, 2012October 31, 2012Matthew L.M. Fletcher

Here is yesterday’s panel — student organizer Katherine Carlton, me, Eric Hemenway, Karen O’Brien, and Laura Ramos (thanks to JS for the pic):

Here are some Spartans representing:

And John Petoskey:

The crowd filing in, armed with pizza:

More pics from Katherine. Eric Hemenway in action!

Famous and soon to be famous people in audience — Forrest and Hunter, Simermeyer, Donnelly, Meg Noori, and John.

Minnesota COA Decides PL 280 Case Involving DUI on White Earth Reservation

October 31, 2012Matthew L.M. Fletcher1 Comment

Here is the opinion in State v. St. Clair:

State v St Clair

An excerpt:

In December 2011, a state trooper observed a vehicle traveling at 65 miles per hour in an area on the White Earth Indian Reservation where the speed limit was 55 miles per hour. The trooper initiated a traffic stop and identified the driver of the vehicle as appellant Linda Jane St. Clair. The trooper noticed that appellant’s driver’s license had an ignition-interlock restriction and asked her if an ignition-interlock device was installed in the vehicle she was driving. Appellant explained that the vehicle belonged to her husband and did not have an ignition-interlock device. The trooper cited appellant for violating her restricted license by driving a vehicle without an ignition-interlock device. See Minn.Stat. § 171.09, subd. 1(g). Appellant has six prior driving-while-impaired (DWI) convictions.

Appellant moved to dismiss the charge, arguing that the district court lacked subject-matter jurisdiction because she is an enrolled member of an Indian tribe and the offense occurred on her reservation. The district court denied the motion, determining that the state has subject-matter jurisdiction because a violation of Minn.Stat. § 171.09, subd. 1(g), is criminal/prohibitory.

The parties signed a stipulation in which appellant waived her trial rights and agreed that the district court could consider the law enforcement reports and her White Earth Reservation enrollment card. Based on the stipulated evidence, the district court determined that the state had proven beyond a reasonable doubt that appellant was guilty of violating Minn.Stat. § 171.09, subd. 1(g). This appeal follows.