Criminal

Wisconsin COA Rejects Challenge to Constitutionality of PL280

Matthew L.M. Fletcher

Here is the unpublished opinion in State of Wisconsin v. House:

State v. House Opinion.pdfDownload

Briefs here.

Public Law 280 is the classic example of what SCOTUS would strike down as violating the anti-commandeering principle of the Tenth Amendment. It is a mandate to states (six of them, including Wisconsin) to assume criminal jurisdiction over Indian country and it’s basically unfounded (more or less like most other aspects of Indian country criminal jurisdiction). I guess since the mandatory PL280 states consent to this federal commandeering of their legislative process, it’s okay? Or since the states retain prosecutorial discretion in individual cases? Like a lot of crap the Supreme Court has been shoving down our collective throats for the last few decades, anti-commandeering law is just stupid with two Os (thank you Knives Out for that one).

New Mexico Federal Court Rejects Criminal Convict’s Request for Downward Variance in Sentence; Challenge to Major Crimes Act as Racial Classification

Matthew L.M. Fletcher

Here are materials in United States v. Jojola (D.N.M.):

81 Memo in Support of Downward Variance.pdfDownload
92 Government Response.pdfDownload
96 Reply.pdfDownload
125 DCT Order.pdfDownload

Of course, if SCOTUS goes the wrong way in Brackeen, this case and hundreds will go much differently.

Montana SCT Rejects Challenge to Preemptory Strike of Native Juror; Concurring Justice Insists Implicit Bias against Native Defendants and Juries is Real

Matthew L.M. Fletcher

Here are the materials in State v. Wellknown (Mont. S. Ct.):

Opinion + Concurrence 2022-05-25 11_40_57.pdfDownload
Appellant Brief 2022-05-25 11_41_26.pdfDownload
Appellee Brief 2022-05-25 11_41_49.pdfDownload
Reply 2022-05-25 11_42_10.pdfDownload

SCOTUSBlog Recap of Castro-Huerta Oral Argument

Matthew L.M. Fletcher

Here is “With historical promises in mind, justices weigh state criminal jurisdiction in Indian country.”

Previews of the case are here.

Background materials are here.