Criminal

Written Testimony in SCIA Hearing on TLOA

Matthew L.M. Fletcher

Enough acronyms?

Here is the link to the witness list, and the list is reproduced here:

Panel #  1

Mr. Tom Perrelli
Associate Attorney General
United States Department of Justice, Washington, DC

Mr. Larry Echo Hawk
Assistant Secretary – Indian Affairs
United State s Department of the Interior, Washington, DC

Mr. Brendan Johnson
U.S. Attorney
District of South Dakota, United State s Department of Justice, Sioux Falls , SD

Ms. Pamela S. Hyde
Administrator
Substance Abuse and Mental Health Services Administration, United States Department of Health and Human Services, Washington, DC

Dr. Rose Weahkee
Director
Division of Behavioral Health (DBH) in the Office of Clinical and Preventive Services, Indian Health Service. Rockville, MD

Panel #  2

Mr. Troy A. Eid
Chair
Indian Law and Order Commission, Denver, CO

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Troy Eid (Indian Law and Order Commission) testimony for SCIA Hearing Thursday

Matthew L.M. Fletcher1 Comment

Here:

Troy Eid ILOC Testimony.

Agenda here.

Federal Court Declines to Dismiss Indictment against Ponca-Licensed Pharmacy

Matthew L.M. Fletcher

Here is the opinion in United States v. Williams (W.D. Okla.):

DCT Order Denying Williams Motion to Dismiss

Here is the indictment:

Williams et al Indictment

Update in Yakama v. Holder: Federal Court Orders US to Comply with Discovery Requests

Matthew L.M. Fletcher2 Comments

An excerpt from the order:

[T]he waiver of sovereign immunity [under the APA] applies to all actions seeking non-monetary relief that are cognizable before the federal courts, including actions brought pursuant to the APA and other actions which provide their own private right of action.  Yakama seeks non-monetary relief in this case.  Accordingly, any claims by Yakama, whether brought independent of or through the APA, may not be barred by sovereign immunity (citations omitted).

 The Court agrees with Yakama’s argument that discovery as to the policies that govern the Federal Defendants’  actions with the Yakama, particularly with regard to notification and limitations on  actions while on tribal lands, and discovery as to the Federal Defendants’ decision  not to notify the Yakama before entering onto tribal lands, as well as discovery regarding the actual entry onto tribal lands is needed to establish whether the Court has jurisdiction.

Here are the new materials in Yakama Indian Nation v. Holder (E.D. Wash.):

ORDER ON MOTIONS TO STAY DISCOVERY AND MOTIONS FOR EXTENSION

Memorandum in Support of United States’ Motion to dismiss

Yakama Nation’s Memorandum in Opposition to Federal Motion to Dismiss

United States’ Memorandum in Support of Motion for Protective Order

Memorandum in Opposition to Motion for Protective Order

Reply on United States’ Motion for Protective Order

Here is the Nation’s amended complaint.

Federal Court Permanently Enjoins Muscogee Prosecution for Alleged Crimes on Fee Lands

Matthew L.M. Fletcher2 Comments

Here is the order:

Order Granting the Writ

The previous order is here, along with briefs.

Tribal Law and Order Commission Invite to Consultation at Tulalip (Sept. 7, 2011)

Matthew L.M. Fletcher

Here is the invite (to tribal leaders and experts):

Invite LETTER

Washington SCT (On Reconsideration) Holds 5-4 that Tribal Law Enforcement Authority Stops at Rez Boundaries

Matthew L.M. Fletcher5 Comments

The majority opinion is here, and the two dissenting opinions are here and here. The majority holds (reversing itself from opinions in 2009 and 2010) that a criminal suspect (here a reckless driver) is utterly free and clear from tribal jurisdiction once the suspect leaves the reservation. Tribal police cannot even hold the suspect until state officials arrive.

One of the dissents raises an interesting point. This outcome strongly encourages anyone — even tribal members — from making a crazy, reckless beeline for the reservation boundary.

Our first posting on this case (with links to briefs) is here. Here are the previous opinions:

166_Wash.2d_953

170_Wash.2d_209

First it was 9-0, then 6-3, and now 5-4 the other way. What happened?

Eighth Circuit Affirms Oglala Member’s Involuntary Manslaughter Conviction

Matthew L.M. Fletcher

Here is the opinion in New v. United States:

New v USA CA8 Opinion

People v. Shelton: Suppression of Evidence Obtained by Cabazon Band Casino Security Guard

Matthew L.M. Fletcher

Here is the unpublished opinion (h/t Pechanga), affirming the suppression of the evidence because of an improper appeal.

The Cabazon Band’s amicus brief is here.

Francis, Leeds, Organick, and Jefferson Exum on Concurrent Criminal Jurisdiction in Kansas

Matthew L.M. Fletcher

John J. Francis, [Dean] Stacy L. Leeds, Aliza Organick, and Jelani Jefferson Exum have published “Reassessing Concurrent Tribal-State-Federal Criminal Jurisdiction in Kansas” in the University of Kansas Law Review.