Here are the materials in Yakama Indian Nation v. Holder (E.D. Wash.):
Federal Defendants Memorandum in Support of Motion for Reconsideration
Yakama Nation’s Memorandum in Opposition to Motion for Reconsideration
Federal Defendants Reply on Motion for Reconsideration
Order Denying US Motion for Reconsideration
Here are the earlier materials on the federal motion for a protective order.
Here is the complaint filed in Florida circuit court:
Clinton Portis v. Greenberg Traurig Complaint
Terrell Owens’ suit is here.
From the ILRC:
Please visit our website at www.indianlaw.org and share our new video, “To the Indigenous Woman,” which is intended to raise awareness and help end violence against Native women. If you click on the Take Action button, you will also find our first video, “Three Little Indians,” released about two weeks ago, along with oither resources and live testimony from our recent thematic hearing on violence against Native women before the Inter-American Commission on Human Rights. Ryan Red Corn (Osage), with the help of the 1491s, developed the videos for us.
As you may know, on Thursday, November 10, 2011, the Senate Committee on Indian Affairs held a hearing on S. 1763, the SAVE Native Women Act, recently introduced by Chairman Akaka. The hearing will be viewable by live webcast at http://indian.senate.gov/hearings/.
Thank you.
Jana
Jana L. Walker
Indian Law Resource Center
Here is the report:
US Atty Declination on WMAT Referral
Here is our posting of the independent investigative report.
Here is the link to the hearing site.
Here are the relevant witnesses:
Mr. Tom Perrelli
Associate Attorney General
U.S. Department of Justice, Washington, DC
Ms. Suzanne Koepplinger
Executive Director
Minnesota Indian Women’s Resource Center, Minneapolis, MN
Mr. Thomas B. Heffelfinger
Attorney
Best & Flanagan LLP, Minneapolis, MN
The training kicks off the U.S. Attorney’s Office -Tribal Special Assistant United States Attorney (SAUSA) program. This cross-commissioning is encouraged by the Tribal Law and Order Act and mandated by the District of Arizona’s Operational Plan for Public Safety in Indian Country click.
The goal of the Tribal SAUSA program is to train eligible tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable criminal offense is prosecuted in tribal court, federal court or both. The program also allows the tribal prosecutors to co-counsel with federal prosecutors on felony investigations and prosecutions of offenses arising out of their respective tribal communities. After completing training, each tribal SAUSA will be mentored by an experienced federal prosecutor assigned to the District of Arizona’s Violent Crime Section
The District of Arizona’s SAUSA program currently has 13 participants from 8 participating tribes – the Salt River Pima-Maricopa Indian Community, the Gila River Indian Community, the Fort McDowell Yavapai Nation, the Pascua Yaqui Tribe, the Colorado River Indian Tribes, the Tohono O’odham Nation, the Hopi Tribe, and the White Mountain Apache Tribe — and is expected to grow.
Seven tribal prosecutors participated in the training course this week, which included classroom work and participation in proceedings before the federal court and grand jury. The remaining participants will attend an identical training planned for January 2012.
RELEASE NUMBER: 2011-247(Tribal SAUSAs)
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For more information on the U.S. Attorney’s Office, District of Arizona, visithttp://www.justice.gov/usao/az
Here is the unpublished order.
Here are prior orders from federal and state courts in this matter.
Classic example of how Indian country is prejudiced in criminal cases Indian tribes cannot control; here, courts found the Wind River Reservation diminished.
WASHINGTON, D.C. — During an historic hearing dedicated to their missing and murdered Native sisters throughout the Americas, Native women and tribal advocates resorted to an international human rights body to raise global awareness on the epidemic of violence against Native women in the United States. Representatives of the United States appearing at the hearing admitted that this level of violence against Native women is “an assault on the national conscience.” Continue reading
M. Brent Leonhard has posted his paper, “Closing a Gap in Indian Country Justice: Oliphant, Lara, and DOJ’s Proposed Fix,” on SSRN.
Here is the abstract:
This paper analyzes whether DOJ’s proposed legislative fix to allow tribes to prosecute limited non-Indian domestic violence crimes is legally permissible by closely analyzing the decisions in Oliphant and Lara. Given the closely circumscribed requirements for the exercise of such power, and past decisions of various justices, this article concludes that it is within Congress’ power to recognize the inherent power of tribes to prosecute non-Indians for domestic violence crimes against Indians.
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