Oklahoma Federal Court Dismisses Tulsa Detention Officer’s ICRA Habeas Petition after Creek Nation Drops Criminal Charges

Here are the materials in Douglas v. Wisner (E.D. Okla.):

4 Habeas Petition

21 Motion to Dismiss

25 Opposition

29 Reply

34 Magistrate Report

39 Objections

42 Response

43 Unopposed Motion to Dismiss

43-1 Exhibit Request & Order of Dismissal of Charges

44 DCT Order

Jordan Gross on White Collar Crime in Indian Country

Jordan Gross has published “White-Collar Crime in Indian Country: Teaching and Researching Familiar Issues in a Unique Context” in the Stetson Law Review.

Here is the abstract:

Some locations within Indian Country make up the most dangerous places in the United States. Remoteness, extreme poverty, and complex federal jurisdictional rules, combined with a paucity of law enforcement resources, have given some Indian reservations reputations as safe havens for lawlessness and organized crime. Crime in Indian Country is often associated with violent offenses, drug running, and human trafficking. Indian Country faces a less well known, but equally pernicious threat from white-collar crime. The federal government directs billions of dollars to Indian Country every year to fund Tribal projects, grants, and contracts. Indian Tribes operate and have interests in many highly profitable gaming operations and resource extraction industries. The vast sums of money flowing through these businesses are an attractive target for fraudsters and opportunists. And the same circumstances that contribute to high rates of violent crime in some parts of Indian Country create fertile conditions for white-collar crime, particularly federal program fraud, embezzlement, public corruption, money laundering, and tax evasion. These crimes cause more than pecuniary losses in Indian Country: monies lost to fraud and corruption in this context are often earmarked for public services and desperately needed infrastructure for residents of Indian Country, thus undermining the ability of Tribal governments to address acute needs in some of the most underserved and poverty-stricken communities in the United States. The jurisdictional and legal contexts in which crime in Indian Country is investigated and prosecuted in the United States are sui generis and unstable. Yet criminal justice issues as they impact residents of Indian Country as well as the self-determination and sovereignty interests of Tribes are overlooked and underexamined in legal education and discourse. This is especially true of white-collar crime in Indian Country, a topic that receives virtually no attention in legal scholarly publications and textbooks. This Article is directed at this void in the academic and pedagogical literature. Its goal is to provide white-collar crime teachers and researchers with background, resources, and encouragement to add Indian Country issues and topics to their repertoire.

Tenth Circuit Moots ICRA Habeas Petition Styled as a Removal from Tribal Court to Federal Court, with a Warning About Frivolous Filings

Here is the unpublished opinion in Gardner v. Ute Tribal Court.

Briefs:

Oklahoma Federal Judge Accepts Creek Nation-City of Tulsa Settlement Stipulation, Denies Gov. Stitt Motion to Intervene

Here are new materials in Muscogee (Creek) Nation v. City of Tulsa (N.D. Okla.):

153 DCT Order Denying Criminal Defendants Motion to Intervene

154 DCT Order Denying Creek Freedmen Motion to Intervene

155 Stitt Reply ISO Motion to Intervene

167 – OPINION & ORDER (3-16-26)

Prior post here.

New Student Scholarship on the Need for Tribal Criminal Jurisdiction over Non-Indian Drug Offenses

Shivani Singh has published “The Need for Special Tribal Criminal Jurisdiction Over Drug Crimes” in the Cornell Journal of Law and Public Policy.

An excerpt:

Limitations to Tribal criminal jurisdiction, especially over drug crimes, have ultimately contributed to “limited law enforcement; delayed prosecutions; too few prosecutions, and other prosecution inefficiencies” that have allowed non-Indian perpetrators to exploit a failing system and endanger vulnerable Tribal communities.

Tenth Circuit Confirms Disestablishment of Citizens Potawatomi Reservation

Here are the materials in Wahpekeche v. Pettigrew:

Opinion

Alaska Superior Court Holds that State Courts Cannot Authorize Search Warrants for Tribal Property

Here are the materials in State of Alaska v. Hayward (Alaska Super. Ct.):

Crow Citizen Sues BIA Cops for Trespass, False Imprisonment, Etc. under Bad Men Clause/FTCA

Here is the complaint in Siemion v. United States (D. Mont.):

United States v. Hopson Cert Petition

Here:

Question presented:

Whether respondents—Indians charged with felony assault in Indian country under the Major Crimes Act in violation of 18 U.S.C. 113(a)(6) and (8) and 1153(a)— were entitled both to a jury instruction on a lesser included offense not listed in the Major Crimes Act and complete acquittal if the jury found them guilty of that lesser offense.

Lower court materials here.

Eleventh Circuit Rejects Claim that Federal Criminal Statutes of General Applicability Do Not Apply to Indians in Indian Country

Here are the materials in United States v. Brice:

CA11 Opinion

Opening Brief

Brief of the United States

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