Category Archives: Criminal

Federal Court Dismisses Sault Tribe Member’s Treaty-Based Effort (from prison) to Save Structures Encroaching on State Land

Here are the materials in Macleod v. Moritz (E.D. Mich.): 4 First Amended Complaint 19 State Motion to Dismiss 23 Bellfy Motion to Intervene 25 State Opposition to Bellfy Motion 26 MacLeod Motion for Summary 27 MacLeod Opposition to MTD … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Michigan Indian, Research, treaty rights | Tagged , , ,

Michigan SCT Rules Former Tribal Official who Committed Crime in Office Eligible to Run for State Office

Here is the opinion in Paquin v. City of St. Ignace: michigan-sct-opinion.pdf And the lone brief I was able to unearth: ag-brief.pdf Lower court decision here. Mr. Paquin’s indictment here.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , ,

Split Eighth Circuit Reinstates MCA Manslaughter Indictment of Mother of Newborn Killed by Drug Toxicity

Apparently the first time the federal government has prosecuted a drug addicted mother for the death of a newborn. Here is the opinion in United States v. Flute. Briefs: Appellant Brief Appellee Brief Reply District Court materials (D.S.D.): 2 Redacted … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , ,

SCOTUS Confirms Dual Sovereignty Exception to Double Jeopardy Clause [over powerful RBG dissent]

Here is the opinion in Gamble v. United States. Prior posts on this case here.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Supreme Court | Tagged , ,

Ninth Circuit Confirms Assimilative Crimes Act Applies in Indian Country

Here is the opinion in United States v. Smith. Briefs: opening-brief.pdf amicus-brief.pdf us-answer-brief.pdf reply-3.pdf

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , ,

Minnesota SCT Refuses to Grant Credit to Prisoner for Time Spent in Red Lake Tribal Jail Unless that Time Was Spent for a State Offense

Here is the opinion in State v. Roy: State v Roy

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , ,

News Coverage on Herrera v. Wyoming Decision

SCOTUSBlog (Greg Ablavsky) Slate Reuters NYTs NPR Bloomberg Link to decision and materials here.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Supreme Court, treaty rights | Tagged , , ,

SCOTUS Reverses in Herrera v. Wyoming (5-4)

Here. Background materials here.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Supreme Court, treaty rights | Tagged , , ,

Muscogee (Creek) Nation SCT Issues Opinion in Judicial Recusal Matter

Here is the order in Bruner v. Muscogee (Creek) Nation.

Posted in Author: Matthew L.M. Fletcher, Criminal, judges, Research, tribal courts | Tagged ,

Minnesota COA Confirms Tribal Police Have Power to Detain and Deliver Non-Indians

Here is the opinion in State v. Thompson. The court’s syllabus: If a tribal police officer suspects a person who is not an Indian of violating a Minnesota criminal statute on an Indian reservation, and if the victim is not … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , , ,