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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
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.
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
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 double jeopardy, Gamble v. United States, Supreme Court
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
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 Minnesota Supreme Court, Red Lake Nation, State v. Roy
News Coverage on Herrera v. Wyoming Decision
SCOTUSBlog (Greg Ablavsky) Slate Reuters NYTs NPR Bloomberg Link to decision and materials here.
SCOTUS Reverses in Herrera v. Wyoming (5-4)
Here. Background materials here.
Muscogee (Creek) Nation SCT Issues Opinion in Judicial Recusal Matter
Here is the order in Bruner v. Muscogee (Creek) Nation.
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
