Criminal

Mississippi Federal Court Declines to Disqualify AUSA Who Once Worked in Choctaw Tribal Court and Stood for Criminal Defendant at Tribal Arraignment

Matthew L.M. Fletcher

Here are the materials in United States v. Anderson (S.D. Miss.):

1 Complaint

15 Motion to Recuse

29 Response

31 Reply

34 Magistrate Order Denying Motion to Recuse

35 Motion to Revoke

39 DCT Order

Oklahoma Federal Court Declines to Suppress Gun Evidence Obtained by Tribal Police at Comanche Casino

Matthew L.M. Fletcher

Here are the relevant materials in United States v. Portillo (W.D. Okla.):

1 Indictment

27 Motion to Suppress

29 Opposition

33 DCT Order

State Court Dismisses Charges Against Hazen Shopbell, Anthony Paul On Treaty Grounds

Matthew L.M. Fletcher

Here are the materials in State v. Shopbell (Wash. Super. Ct.):

7. CrR 8.3(b) Motion to Dismiss for Governmental Misconduct

11. Memo In Support of Motion to Dismiss for Bad Faith

13. CrR 8.3(c) Motion to Dismiss

29. Memorandum in Opposition to Motions to Suppress Evidence and or Dismiss

30. Reply in Support of Motions to Dismiss

38. Supplemental Reply in Support of Motions to Dismiss

42. Motion for Bill of Particulars

46. Response to Motion for Bill of Particulars

52. Joint Reply In Support of Motion for Bill of Particulars

63. Supplemental Motion to Dismiss Pursuant to CrR 8.3(c)

66. Defendants’ Joint Motion to Dismiss and Renewed Motion to Dismiss per CrR 8.3

68. Defendants’ Supplemental Motion to Dismiss

69. Response to Pretrial Dismissal Motions

70. Reply on Pretrial Dismissal Motions

There was no written ruling, but from the bench the Judge explained:

“My decision is consistent with the heart of the Treaty & Rafeedie Consent Decree, preserving Treaty rights that were gained many years ago.  This court shouldn’t be involved in those issues.”

Native America Calling Show on Post-McGirt Oklahoma Tuesday January 4

Matthew L.M. Fletcher

Here.

Liz Reese and Abby Abinanti on Tribal Criminal Laws

Matthew L.M. Fletcher

From Stanford, here is “Imagining Justice: American Indian Tribal Laws of Criminal Responsibility.”

Oklahoma Appellate Court Decides Kiowa/Comanche/Apache Reservation Disestablished

Matthew L.M. Fletcher

Here are the materials in Martinez v. State (Okla. Ct. Crim. App.):

OCCA Opinion

Petitioner’s Brief

State’s Brief

Comanche Amicus Brief

Print

Wyoming Appellate Court Orders Hearing in Herrera Matter; State Appeals to State SCT

Matthew L.M. Fletcher

Here is the opinion in Herrera v. State of Wyoming:

District Court Opinion

State SCT cert stage briefs:

Petition – Writ – review

ResponseObjection – Petition for review

Prior post here.

Washington Federal Court Sentences Men Who Used Tribal Tax Agreement to Launder Money

Matthew L.M. Fletcher

Here are the materials in United States v. Paul (W.D. Wash.):

1 Indictment.pdfDownload
66 Silva Plea Agreement.pdfDownload
79 Paul Plea Agreement.pdfDownload
98 Sentencing Memorandum.pdfDownload
105 DCT Judgment — Paul.pdfDownload

New Empirical Scholarship on Federal Prosecutor Declination Rates of Indian Country Cases

Matthew L.M. Fletcher

Regina Branton, Kimi King, and Justin Walsh have published an early print of “Criminal justice in Indian country: Examining declination rates of tribal cases,” forthcoming in Social Science Quarterly.

Eighth Circuit Affirms Drug Conviction arising on Cheyenne River Sioux Reservation

Matthew L.M. Fletcher

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