Category Archives: Criminal

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 , , , , ,

DOJ Tribal Consultation on Domestic Violence in Fairbanks, AK (May 1, 2019)

From Monique Vondall: I was at the historic consultation — a first — with the DOJ regarding domestic violence funding for Indian Country. Of the $169 million in grants available only 59 tribes applied and the cap of $500,000 only … Continue reading

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

Tenth Circuit Briefs in United States v. Uintah Valley Shoshone Tribe

Here: Appellant Brief US Brief Appellant Response Brief Lower court materials here.

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

Federal Court Declines to Suppress Evidence Obtained by Rosebud Tribal Police

Here are the materials in United States v. Santistevan (D.S.D.): 1 Indictment 20 Motion to Suppress 22 US Response 32 Magistrate Report 34 Objection 39 DCT Order

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

As Expected, Criminal Defendant Cites Brackeen to Attack Major Crimes Act

Here is the opening brief in United States v. Jim (10th Cir.): Jim Opening Brief An excerpt: There is reason to believe that the Supreme Court may be open to revisiting its holding in Antelope, and may soon have the opportunity to cast … Continue reading

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

Cert Petition in Jones v. Keitz [Criminal Prosection Arising from Chukchansi Casino Altercation]

Here is the petition: Petition Appendix Question presented: 1. What facts must a plaintiff allege to state a claim for malicious prosecution against a California county and its sheriff under 42 U.S.C. § 1983, especially considering the heightened pleading standard this Court established … Continue reading

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