Criminal

NYTs Article on Indian Country Gangs

Matthew L.M. Fletcher

From the NYTs:

PINE RIDGE, S.D. — Richard Wilson has been a pallbearer for at least five of his “homeboys” in the North Side Tre Tre Gangster Crips, a Sioux imitation of a notorious Denver gang.

One 15-year-old member was mauled by rivals. A 17-year-old shot himself; another, on a cocaine binge and firing wildly, was shot by the police. One died in a drunken car wreck, and another, a founder of the gang named Gaylord, was stabbed to death at 27.

“We all got drunk after Gaylord’s burial, and I started rapping,” said Mr. Wilson, who, at 24, is practically a gang elder. “But I teared up and couldn’t finish.”

Mr. Wilson is one of 5,000 young men from the Oglala Sioux tribe involved with at least 39 gangs on the Pine Ridge Indian Reservation. The gangs are being blamed for an increase in vandalism, theft, violence and fear that is altering the texture of life here and in other parts of American Indian territory.

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DOJ Indian Country Jails Report

Matthew L.M. Fletcher

Here.

Highlights:

• The number of inmates confined in Indian country jails declined by 1.3% at midyear 2008, dropping to 2,135
inmates.
• The number of inmates admitted into Indian country jails during June 2008 was about 6 times the size of the average
daily population.
• Since midyear 2004, jail bed space for admissions expanded faster than the growth in the inmate population (37% compared to 22%).
• Thirty-six facilities were operating above their rated capacity on their most crowded day in June 2008. Of these facilities, 17 were operating above their rated capacity at midyear 2008 and 16 were operating above their rated capacity on an average day in June 2008.
• Sixteen jails (a fifth of all facilities) held 53% of the inmates confined at midyear 2008.
• Inmates held for aggravated and simple assault increased at midyear 2008; domestic violence declined.
• The number of inmates confined in Indian country jails declined by 1.3% at midyear 2008, dropping to 2,135inmates.
• The number of inmates admitted into Indian country jails during June 2008 was about 6 times the size of the average daily population.

Crow Creek Sioux Tribe Suit over Housing Authority Board Member Suspensions

Matthew L.M. Fletcher

Here is the initial opinion denying Crow Creek Sioux Tribe’s motion for judgment on the pleadings and HUD’s first motion to dismiss — Crow Creek Sioux Tribe v Donovan Initial DCT Order

And the materials:

Crow Creek Sioux Motion for Judgment on Pleadings

HUD First Motion to Dismiss

HUD Second Motion to Dismiss

House Judiciary Subcommittee Hearing on the Tribal Law and Order Act — Prepared Statements

Matthew L.M. Fletcher

Here:

Witness List

Panel I
Hon. Herseth Sandlin
U.S. House of Representatives
At-Large, SD
Panel II
Hon. Tom Perrelli
Associate Attorney General
Washington, DC
Panel III
Marcus Levings
Great Plains Area Vice-President
Native American Justice Committee
New Town, ND
Tova Indritz
Chair
National Association of Criminal Defense Lawyers
Native American Justice Committee
Albuquerque, NM
Scott Burns
Executive Director
National District Attorneys Association
Alexandria, VA
Barbara Creel
Associate Professor
Southwest Indian Law Clinic
University of New Mexico School of Law
Albuquerque, NM

Federal Court Dismisses ICRA Habeas Case for Failure to Exhaust Tribal Remedies

Matthew L.M. Fletcher2 Comments

Here is the opinion in this unremarkable case (Acosta-Vigil DCT Order).

What is remarkable, though I could be wrong, is why the tribal judge is literally defending the petition. Shouldn’t the tribal prosecutor be doing this?

Here is the response: Delorme-Gaines Response

Federal Court Weighs Prior Tribal Court Convictions in Sentencing

Matthew L.M. Fletcher

Here is the opinion in United States v. Latone — US v Latone

An excerpt:

The Court has carefully considered the arguments of counsel and the record before the Court. Latone’s record does not appear substantially different from that of other offenders off the state’s reservations with a criminal history category of 1, and so the Court will deny the upward departure that the United States requests. The [Zuni] tribal court gave a few days or community service as punishment for the tribal convictions, and the tribal court did not treat those offenses as seriously as the United States now requests the Court to do. The Court is reluctant to treat the prior offenses more seriously than did the tribal court. The Court thinks these prior convictions provide little indication how Latone will act in the future, because he has not received a sentence of long duration before this case. With the sentence in this case, he may act very differently in the future. Further, only two of his prior convictions — both simple assaults — were crimes of violence. See PSR PP 35, 37, at 10-11. Moreover, the Court is reluctant to treat the juvenile offenses before the tribal court more seriously than it does non-tribal juvenile counts. There does not appear to be a good reason in this case to vary from the Guidelines’ good judgment that the Court generally should not consider juvenile and tribal convictions in sentencing. There is little or no information about some of the tribal convictions, and therefore there is no reliable information to indicate that Latone’s criminal history is substantially underrepresented.

Study on Sexual Assault of Native Women Published

Matthew L.M. Fletcher

From Minn. Public Radio via Dan:

Duluth, Minn. — A three-year Duluth study finds Native American women, victimized by sexual assault, tend to get lost and overlooked in the legal system.

A coalition of victim advocacy groups and public safety agencies undertook the study. They wanted to address problems related to high rates of sexual assault among Native American women. Forty-one victims took part in focus groups, and none of their cases resulted in prosecutions.

Rebecca St. George, with the group Mending the Sacred Hoop, said the women felt investigators didn’t believe them.

“Pretty much all of them felt that they hadn’t been believed,” St. George said. “We certainly saw parallels in the police reports that we read; sort of a general ‘not sure if this is what really happened.'”

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Supreme Court Denies Cert in Benally

Matthew L.M. Fletcher

The Supreme Court denied cert in Benally v. United States.

Idaho Federal Court Declines to Issue Order to Tribal Court in Criminal Case

Matthew L.M. Fletcher

In Chippewa v. Shoshone-Bannock Tribes Fort Hall Indian Reservation (D. Idaho), the court held that it has no jurisdiction to issue a writ of mandamus to a tribal court — Chippewa DCT Order

An excerpt:

Lara, Wheeler,  and Enas clearly illustrate that tribal courts and courts of the United States each have separate jurisdiction to prosecute offenses against their respective sovereigns. A federal court does not have jurisdiction over a tribal court prosecution. Furthermore, a tribal court is not an inferior court to the federal court. Therefore, the Court cannot issue a writ of mandamus directing the Tribal Court to either act on Chippewa’s motions or run three Tribal sentences concurrently with the now expired federal sentence.

Although the Court has not located any cases specifically holding that a federal court cannot issue a writ of mandamus to a Tribal Court, it is clear by analogy to cases addressing the issue in the context of state courts that it cannot. See, e.g., Craigo v. Hey, 624 F.Supp. 414, 416 (S.D.W.Va. 1985) (declining to issue a writ of mandamus finding that the Court had no original jurisdiction over a matter filed in state court and because it did not sit “as an appellate or supervisory tribunal” for the state court). See also Harris v. Department of Corrections, 426 F.Supp. 350 (D.C.Okl. 1977) (same; federal district courts do not sit to review actions taken in state court and do not have jurisdiction to compel a state or its officers to perform any duty owned to a plaintiff under state law). Accordingly, Chippewa’s Petition shall be dismissed.

Senate Report Accompanying Tribal Law and Order Act

Matthew L.M. Fletcher

S Report 111-93

Also, the prepared remarks of Associate A.G. Tom Perrelli (ASG.Listening Session Remarks) and Deputy A.G. David W. Ogden (DAG.Listening Session Remarks) from last week’s Minneapolis listening session.

Miigwetch to MBL for this!