Criminal

Muscogee (Creek) Nation SCT Orders Remand in Speedy Trial Appeal after Defendant Held for 248 Days

Matthew L.M. Fletcher

Here is the opinion in Vandecar v. Muscogee (Creek) Nation:

Doc. 13, Order and Opinion, 08302022.pdfDownload

New Mexico Federal Court Dismisses Most of Federal Criminal Charges against Navajo Citizen for Selling Hawk and Eagle Feathers

Matthew L.M. Fletcher

Here are the materials in United States v. Skeet (D.N.M.):

44 Superceding Indictment.pdfDownload
27 D MTD.pdfDownload
33 US Response to MTD.pdfDownload
36 D Reply to MTD.pdfDownload
50 Order on MTD.pdfDownload
Not a bird

Washington COA Rejects Cowlitz Members’ Aboriginal Fishing Rights Claim

Matthew L.M. Fletcher

Here are the materials in Simmons v. State of Washington:

550199 Appellants’ Brief.pdfDownload
550199 Respondent’s Brief.pdfDownload
550199-Reply Brief.pdfDownload
D2 55019-9-II Published Opinion.pdfDownload

Muscogee SCT Issues Opinion in Criminal Law Matter [speedy trial; duress defense]

Matthew L.M. Fletcher

Here is the opinion in Casey v. Muscogee (Creek) Nation:

Doc.-13-Order-and-Opinion-08012022.pdfDownload

Northern Cheyenne Tribe Sues Interior over Reservation Policing

Matthew L.M. Fletcher

Here is the complaint in Northern Cheyenne Tribe v. United States (D. Mont.):

1 Complaint.pdfDownload
1-1 Exhibit 1.pdfDownload

Wisconsin COA Rejects Challenge to Constitutionality of PL280

Matthew L.M. Fletcher

Here is the unpublished opinion in State of Wisconsin v. House:

State v. House Opinion.pdfDownload

Briefs here.

Public Law 280 is the classic example of what SCOTUS would strike down as violating the anti-commandeering principle of the Tenth Amendment. It is a mandate to states (six of them, including Wisconsin) to assume criminal jurisdiction over Indian country and it’s basically unfounded (more or less like most other aspects of Indian country criminal jurisdiction). I guess since the mandatory PL280 states consent to this federal commandeering of their legislative process, it’s okay? Or since the states retain prosecutorial discretion in individual cases? Like a lot of crap the Supreme Court has been shoving down our collective throats for the last few decades, anti-commandeering law is just stupid with two Os (thank you Knives Out for that one).

L.A. Times Op/Ed on Castro-Huerta by Greg Ablavsky and Liz Reese

Matthew L.M. Fletcher

Here.

Campus of Stanford University

SCOTUSBlog Opinion Analysis of Castro-Huerta

Matthew L.M. Fletcher

Here is my “In 5-4 ruling, court dramatically expands the power of states to prosecute crimes on reservations.“

Prior post with opinion here.

Anyone remember Lily Ledbetter?

SCOTUS Holds Oklahoma Has Concurrent Criminal Jurisdiction over Non-Indian on Indian Crime in Indian Country

Matthew L.M. Fletcher

Here is the opinion in Oklahoma v. Castro-Huerta.

Briefs and stuff here.

New Mexico Federal Court Rejects Criminal Convict’s Request for Downward Variance in Sentence; Challenge to Major Crimes Act as Racial Classification

Matthew L.M. Fletcher

Here are materials in United States v. Jojola (D.N.M.):

81 Memo in Support of Downward Variance.pdfDownload
92 Government Response.pdfDownload
96 Reply.pdfDownload
125 DCT Order.pdfDownload

Of course, if SCOTUS goes the wrong way in Brackeen, this case and hundreds will go much differently.