Eighth Circuit Remands Major Crimes Act Case for Determination on Whether Red Lake Reservation Diminished

Here are the materials in United States v. Jackson:

CA8 Opinion

Jackson Brief

USA Brief

USA Addendum

Supreme Court GVR’s Murder Conviction of American Indian Juvenile

Here is today’s order list — the GVR of Bear Cloud v. Wyoming is on page 4.

Lower court opinion, Bear Cloud v. State, is here.

Federal Court Grants Habeas Petition in Consecutive Sentences Case

Interesting case involving whether the Tribal Law and Order Act can be retroactively applied to a Gila River Indian Community conviction. Here are the materials in Johnson v. Tracy (D. Ariz.):

Johnson Habeas Petition

GRIC Response to Petition

R&R Recommending Denial of Writ

Federal Defenders Amicus Brief

GRIC Response to Amicus Brief

DCT Order Rejecting R&R

Navajo SCT Rules that Criminal Sentences Presumed to be Concurrent

Here is the court’s opinion in Baker v. Greyeyes.

From the court’s syllabus:

The Court grants a writ of habeas corpus filed after 6 months incarceration by an inmate serving time on multiple sentences in which it had not been specified how the sentences would run, holding that, when not stated in a judgment, multiple sentences are presumed to run concurrently.

BIA/DOJ Tribal Court Training Announcements

Here:

Training Announcement (Trial Advocacy)-Chinle, AZ

Training Announcement (Trial Advocacy)-Seattle, WA

Prior announcement was here.

Navajo SCT Denies Habeas Relief in Juvenile Right to Counsel Case

Here is the opinion in In re M.C.

The court’s syllabus:

The Court denies a petition for writ of habeas corpus, holding that 9 NNC 1310(A), which provides for a child’s right to assistance of counsel at “all proceedings alleging the delinquency of a child” does not attach at a detention hearing that must be held within 24 hours of detention, on the basis that detention hearings address further detention, not the merits of the charges, to which young men and women are able to speak for themselves.

Update in State of Washington v. Clark — Tribal Amicus Filings

Here:

Colville Amicus Brief in Support of Petition for Review

Tulalip Amicus Brief in Support of Petition for Review

The parties’ briefs at the COA are here.

Washington SCT Grants Review in Case Involving State Search Warrant on Tribal Lands

Here is the order:

090712 Order granting review

The case is State v. Clark, and the briefs are here.

New Scholarship on Tribal Criminal Jurisdiction

Lindsey Trainor Golden (a former student of mine) has published “Embracing Tribal Sovereignty to Eliminate Criminal Jurisdiction Chaos” in the University of Michigan Journal of Law Reform.

From the article:

This Note argues that the current federal laws regarding tribal criminal jurisdiction are contrary to existing policies that recognize inherent tribal sovereignty, and that to fully restore tribal sover- eignty and reduce reservation crime rates, Congress should revise the MCA and the TLOA to comprehensively address the legal bar- riers that adversely affect tribes’ ability to prosecute crimes committed within their geographic borders.

Federal DCT Decides ICRA Right to Counsel Case Out of Gila River Criminal Court

Here are the materials in Jackson v. Tracy (D. Ariz.):

Tribal Court Materials

GRIC Brief

R&R Denying Jackson Motion

DCT Order Accepting R&R

UPDATE (9/21/12): Amended DCT Order