Criminal

Cross-Commissioning and the Navajo Nation

Adrea Korthase3 Comments

The following is an excerpt of the side bar to an article by The Daily Times:

FARMINGTON — Nine counties in three states encompassing Navajo land are considering agreements with the tribe to allow police officers on both sides to enforce laws. The agreements are expected to eliminate sanctuaries from the law and increase arrests and convictions.

San Juan County, N.M., is the only county that will not cross-commission deputies with the tribe, though Sheriff Ken Christesen has signaled a willingness to certify his deputies with the Bureau of Indian Affairs to enforce federal laws.

One county already has a cross-commissioning agreement in place, two have signed mutual aid agreements and the five remaining counties are considering their options.

Cabazon Band Amicus Brief in Criminal Case re: Authority of Tribal Security to Search for Weapons

Matthew L.M. Fletcher1 Comment

Here is that brief, in a case captioned People v. Shelton (Cal. App. 4 Dist.):

Cabazon Amicus Brief

Ninth Circuit Affirms Major Crimes Act Conviction (Out of Yakama)

Matthew L.M. Fletcher

Here is the unpublished opinion in United States v. Gomez.

Ninth Circuit Upholds Tribal Court Consecutive Sentencing under ICRA

Matthew L.M. Fletcher2 Comments

Here is the opinion in Miranda v. Anchando:

Miranda CA9 Decision

The briefs are here and here and here and here.

Ninth Circuit Affirms Indian Country Crimes Act Conviction (Out of Montana)

Matthew L.M. Fletcher

Here is the unpublished opinion in United States v. White.

Eastern Band Cherokee Tribal Court Order Incarcerating Non-Indian for Criminal Contempt of Court (1 Day in Jail)

Matthew L.M. Fletcher1 Comment

Here is the order in In re Russell:

In re Russell

Manitoba Aboriginal Man Charged With Second Degree Murder Forwards Bizarre Defense

Peter Scott Vicaire

Here’s an interesting case concerning the criminal defense by an Aboriginal man in Manitoba charged with second degree murder and conspiracy to commit robbery.  Though his argument (Canada has no jurisdiction over him because he’s aboriginal) is certainly not novel, the manner in which it is presented is actually quite bizarre.  It’s worth a quick read – R. v. Campbell.

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Ninth Circuit Affirms Major Crimes Act Conviction (2d Degree Murder) Out of Montana

Matthew L.M. Fletcher

Here is the unpublished opinion in United States v. Goodbear.

Federal Court Indicts Man for Assault and Witness Tampering at Saginaw Chippewa

Matthew L.M. Fletcher

Man Indicted for Assault and Witness Tampering on Indian Reservation (U.S. Attorney for the Eastern District of Michigan)

Travis Jay Kendall, 24, was indicted by a federal grand jury in Bay City, Mich., for assault causing serious bodily injury and witness tampering. The indictment charges that Kendall assaulted his girlfriend on the Saginaw Chippewa Indian Reservation in Isabella County, Mich. The indictment also charges that Kendall attempted to intimidate, threaten, or corruptly persuade the victim with the intent to influence her testimony at a grand jury proceeding.

http://www.justice.gov/usao/mie/news/2011/2011_8_10_tkendall.html

Eighth Circuit Affirms Major Crimes Act/SORNA Convictions

Matthew L.M. Fletcher

Here is the opinion in United States v. Poitra:

US v Poitra