Category Archives: Criminal

Iowa SCT Affirms State Criminal Jurisdiction; Magistrate Judge Richard Vander Mey Had Barred Tribe/State from Invoking Jurisdiction of His Court [updated]

Here is the opinion in State v. Stanton: 190177_79edeef21ce96.pdf An excerpt: Upon review of the complaints, a magistrate concluded that recent federal legislation removed state jurisdiction for crimes committed on the Settlement. As a result, the magistrate dismissed the three … Continue reading

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

Federal Court Dismisses Banishee’s Suit against Alaska Tribe

Here are the materials in Oertwich v. Traditional Village of Togiak (D. Alaska): 1 Complaint 9 State Motion to Dismiss 13 City Motion to Dismiss 22 Tribe Motion to Dismiss 31 Opposition to 22 38 Tribe Reply in Support of … Continue reading

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

Canadian First Nation’s Payday Lending Partners’ Convictions for RICO Violations in US Affirmed by Third Circuit

Here is the unpublished opinion in United States v. Neff: Opinion Briefs: Hallinan Brief Neff Brief US Brief Neff Reply Hallinan Reply

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

Tenth Circuit Decides Criminal Jurisdiction Matter Involving Sandia Pueblo Reservation Boundaries

Here is the opinion in United States v. Antonio. Briefs: Opening Brief Answer Brief Reply

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

Non-Indian Reckless Driver Arrested by Tribal Police Doesn’t Like It, but Still Loses

Here is the unpublished opinion in State v. Ziegler (Minn. Ct. App.): Opinion

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

Federal Court Dismisses Habeas Petition Based on Murphy v. Royal as Time-Barred

Here are the materials in Barbre v. Whitten (E.D. Okla.): 1 Habeas Petition 7 Motion to Dismiss 8 Response 13 DCT Order

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

Ninth Circuit Briefs in Yakama v. County Criminal Jurisdiction Appeal

Here are the briefs in Confederated Tribes and Bands of the Yakama Nation v. City of Toppenish: Opening Brief Appellee Brief Lower court materials here.

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

Mille Lacs Ojibwe Law Enforcement Suit against Mille Lacs County

Here are the materials in Mille Lacs Band of Ojibwe v. County of Mille Lacs (D. Minn.): 1 Complaint 17 County Answer + Counterclaim 27 MTD Counterclaim 35 Response 38 Reply 46 DCT Order Dismissing Counterclaims 72 Magistrate Letter 73 … Continue reading

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

Federal Prisoner’s Effort to Invoke Murphy v. Royal Decision Fails

Here are the materials in United States v. Springer (N.D. Okla.): 301 Motion for Relief 302 Motion to Order US Response 303 US Response 305 Reply   306 DCT Order    

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

Ninth Circuit Affirms Major Crimes Act Conviction

Here is the opinion in United States v. Begay.

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