Criminal

NYTs Article on Crime at Wind River

Matthew L.M. Fletcher1 Comment

Here.

Commentary: Using the UN Declaration to End the Epidemic of Violence Against Native Women

Kirsten Matoy Carlson5 Comments
Jana L. Walker is a Senior Staff Attorney and the Director of the Indian Law Resource Center’s Safe Women, Strong Nations project.

The UN Declaration on the Rights of Indigenous Peoples signals a new means to change federal law and policy to restore safety to Native women, to strengthen Indian nations and advance their jurisdiction over crimes within their territories, and to end the cycle of violence in Native communities.

The right to be safe and live free from violence is one of the most fundamental and important human rights recognized internationally.  Continue reading →

Tenth Circuit Briefs in Appeal of Nambé Pueblo Tribal Court Sentence of Nine Years (without Counsel)

Matthew L.M. Fletcher1 Comment

Here are the opening briefs in Romero v. Goodrich:

Romero Opening Brief

Nambe Pueblo Brief

Here are the lower court materials.

USFWS Video on Importance of Eagles to American Indians

Matthew L.M. Fletcher1 Comment

Here. From the description:

Reginald Dale Akeen pleaded guilty in December 2009 to a felony violation of the Migratory Bird Treaty Act. He admitted he offered to sell a fan made of juvenile golden eagle feathers, also known as “black and whites,” to a U.S. Fish and Wildlife Service undercover agent and that he contacted an accomplice who agreed to sell a nine-feather black and white fan. As part of his plea agreement, Akeen agreed to speak on video about the significance of the feathers of eagles and other birds to Native Americans and about the fact that he broke the law.

Navajo Nation SCT Decides Case Involving Challenge to Contempt Order for Violating PPO

Matthew L.M. Fletcher

Here:

Victor Bowman v. Delores Greyeyes.  Opinion.  Bowman files a petition asking the Court to reconsider its Dec. 14, 2011 summary denial of his application for a writ of habeas corpus.  Reconsideration petitions for special actions may not be filed without leave of the Court. The Court treats the petition as a motion for leave but states that, in future, petitions for leave must first be filed pursuant to N.R.C.A.P. Rule 19(d), and must contain sufficient detail for the Court to rule on the request.  In this case, the Court denies the motion as Bowman offers no new argument. (January 24, 2012).

Ninth Circuit Holds that Indian Juveniles Convicted of Sex-Related Delinquency Crimes Must Register under SORNA

Matthew L.M. Fletcher

Here is today’s opinion in United States v. Juvenile Male.

An excerpt:

Three juvenile defendants, each of whom is a member of an Indian Tribe and who pleaded true to a charge of aggravated sexual abuse with children, appeal their conditions of probation or supervision requiring registration under the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. § 16901 et seq. Defendants argue that SORNA’s registration requirement contravenes the confidentiality provisions of the Federal Juvenile Delinquency Act (FJDA), 18 U.S.C. § 5031 et seq., and also challenge its constitutionality. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742. Because we conclude that Congress, in enacting SORNA, intentionally carved out a class of juveniles from the FJDA’s confidentiality provisions, and that SORNA’s registration requirement is constitutionally sound, we affirm the district courts’ imposition of the sex offender registration conditions.

Federal Court Admits Criminal Evidence Obtained Illegally under Tribal Court Search Warrant

Matthew L.M. Fletcher

Here are the relevant materials in United States v. Youngbear (N.D. Iowa):

Magistrate R&R in Youngbear

Youngbear Objection

DCT Order Adopting Magistrate Report

Ninth Circuit Decides Another Major Crimes Act “Indian Status” Case

Matthew L.M. Fletcher

Here is the opinion in United States v. Juvenile Male. The oral argument audio is here.

An excerpt from the opinion:

A juvenile male appeals the district court’s determination that he is an “Indian” under 18 U.S.C. § 1153, which provides federal criminal jurisdiction for certain crimes committed by  Indians in Indian country. The juvenile claims that he does not identify as Indian, and is not socially recognized as Indian by other tribal members. Nonetheless, he is an enrolled tribal member, has received tribal assistance, and has used his membership to obtain tribal benefits. Because the juvenile is Indian by blood and easily meets three of the most important factors used to evaluate tribal recognition laid out in United States v. Bruce, 394 F.3d 1215 (9th Cir. 2005), he is an “Indian” under § 1153, and we uphold his conviction.

While the case is under seal, we do have a redacted version of the opening brief:

Juvenile Opening Brief Redacted October 19, 2011

Federal Court Dismisses FTCA Claim against White Mountain Apache and BIA Police Officers

Matthew L.M. Fletcher1 Comment

Here are the materials in Dupris v. McDonald (D. Ariz.):

DCT Order Dismissing Dupris Complaint

BIA Motion to Dismiss Complaint

US Motion to Dismiss Complaint

Dupris Motion for Partial Summary J

US Response to Motion for Partial Summary J

Ninth Circuit Allows Bivens Action against FBI Agent that Failed to Properly Investigate Murder of Indians

Matthew L.M. Fletcher3 Comments

Here is today’s unpublished opinion in Cole v. Oravec. An excerpt:

Defendant-Appellant Matthew Oravec, an agent with the Federal Bureau of Investigation, appeals from the district court’s denial of his qualified immunity motion in this Bivens action brought on behalf of two deceased Native American men. The Appellees are relatives of the two deceased men – Steven Bearcrane and Robert Springfield. The Appellees allege that Oravec violated their right to equal protection when he failed to conduct a sufficiently thorough investigation of the two deaths out of an alleged animus toward Native Americans.

Here are the briefs:

Oravec Appellant Brief

Cole Appellee Brief

Oravec Reply