Criminal – Page 113 – Turtle Talk

Mr. Romero argues that the district court should not have considered his 2003 tribal court conviction because he pled guilty without the assistance of counsel. He fails, however, to develop this argument. He cites no case holding that a district court is precluded from considering a defendant’s prior, uncounseled tribal court convictions in its departure analysis, and in fact, our precedents do not support his contention. Cf. United States v. Concha, 294 F.3d 1248, 1253-54, 1255 (10th Cir. 2002) (upholding district court’s consideration of criminal conduct underlying uncounseled foreign convictions in departure analysis); United States v. Wyne, 41 F.3d 1405, 1409 n.5 (10th Cir. 1994) (disapproving of another circuit’s reversal of upward departure on basis that misdemeanor convictions were uncounseled).

Oregon Appeals Court Affirms Arrest in Hot Pursuit Into Warm Springs Reservation

November 28, 2011November 24, 2011Matthew L.M. Fletcher

Here is the opinion in State v. Smith.

Eighth Circuit Affirms Sentence in U.S. v. Eagle Louse

November 25, 2011November 24, 2011Matthew L.M. Fletcher

Here is the unpublished opinion.

Ryan Dreveskracht on Policing on Indian Reservations (U-Dub, Dec. 6)

November 25, 2011November 22, 2011Matthew L.M. Fletcher

Here.

Utah Domestic Violence Council Economic Justice and Empowerment Project Final Report

November 23, 2011November 22, 2011Matthew L.M. Fletcher1 Comment

Here, via SSRN.

From the report (author, Dr. Rebecca Hall):

This report provides a record of the work I performed as the Economic Justice Coordinator for UDVC between January 2010 and April 2011. It is designed to be useful for any DV advocate who is approaching issues of economic empowerment and justice at the systems level. Most of the work completed is folded into the narrative, particularly in the assessment and contact sections. Rather than creating a list of projects completed, I incorporated this information topically were it would be of most help to someone using this report in the future. There is a resource section at the end, which is by no means comprehensive. I focused on the resources and contacts that are not already well-integrated into UDVC’s collaboration and referral structure. Also, the Economic Empowerment Curriculum provides a more comprehensive topical discussion of resources, which this report merely complements. These two projects should be used in conjunction with each other. Further, I left folders on the UDVC’ shared drive which contains policy articles and discussion of many of the substantive areas of Economic Justice and Empowerment. I have appended a brief summary of the trainings, and will attach in hard copy the lists of those trained and their contact information

MSU Indigenous Law and Policy Center Statement on TLOA to the Indian Law and Order Commission

November 22, 2011Matthew L.M. Fletcher

Here. A snippet:

Boozhoo!

To the Honorable Troy A. Eid, Chairman of the Indian Law and Order Commission, and Jeff Davis, Executive Director of the Commission, and the rest of Commission members, we offer greetings and a chi-miigwetch for the opportunity to offer our views on the Tribal Law and Order Act (the Act or TLOA), Pub. L. 111-211, Title II, July 29, 2010, 124 Stat. 2263, and the future of Indian country criminal law and jurisdiction.

As you know, Mr. Chairman, our 8th Annual Indigenous Law and Policy Conference, held on October 28-29, 2011 in East Lansing, MI, was titled, “Beyond the Tribal Law and Order Act: Can (Should) Congress Enact an Oliphant Fix?” We invited a wide segment of speakers, including members of the Indian Law and Order Commission, federal government officials, tribal court and elected government officials, and American Indian law scholars to discuss the ongoing issues with the Tribal Law and Order Act and Indian country criminal law and jurisdiction. Much of our commentary here is guided by the knowledgeable, profound, and wise statements and opinions expressed in that conference.

Download Full Statement