Criminal

City of Nome to Pay $750K + Apologize for Failure to Investigate Sexual Assault against Native Woman

Matthew L.M. Fletcher

Here is the settlement agreement in Hardy v. City of Nome:

settlement-agreement-signedDownload

Here is an opinion piece by the plaintiff, “I fought for justice for 5 years after I was sexually assaulted. The work isn’t finished.“

VAWA 2022 White House Fact Sheet

Matthew L.M. Fletcher

Here.

An excerpt:

Expanding special criminal jurisdiction of Tribal courts to cover non-Native perpetrators of sexual assault, child abuse, stalking, sex trafficking, and assaults on tribal law enforcement officers on tribal lands; and supporting the development of a pilot project to enhance access to safety for survivors in Alaska Native villages.

Designed by Nez Perce artist Helen Goodteacher to support The Native American Alliance for Policy and Action MMIW events in 2021

Section 903 of H.R. 1602 (which is what I assume Congress adopted) includes the additional crimes that Indian tribes may not prosecute against non-Indians:

Continue reading →

Minnesota Federal Court Declines to Suppress Red Lake Tribal Criminal Defendant’s Uncounseled Statements to FBI and Uncounseled Tribal Court Plea

Matthew L.M. Fletcher

Here are the materials in United States v. Begay (D. Minn.):

1 Indictment.pdfDownload
26 Motion to Suppress Statements.pdfDownload
27 Motion to Suppress Tribal Court Conviction.pdfDownload
29 Government Response.pdfDownload
70 Begay Memorandum re 26.pdfDownload
71 Begay Memorandum re 27.pdfDownload
73 Government Response to 26.pdfDownload
75 Government Response to 27.pdfDownload
78 Begay Reply in Support of 27.pdfDownload
81 Magistrate Report.pdfDownload
82 Begay Objections.pdfDownload
86 Government Response.pdfDownload
87 DCT Order.pdfDownload

Mille Lacs Reservation Boundaries Intact

Matthew L.M. Fletcher

Here is the opinion in Mille Lacs Band of Chippewa Indians v. County of Mille Lacs (D. Minn.):

313-dct-orderDownload

Briefs here.

Minnesota Federal Court Declines to Dismiss Mille Lacs Band Suit against County Attorney and Sheriff after Remand from Eighth Circuit

Matthew L.M. Fletcher

Here are the updated materials in Mille Lacs Band of Chippewa Indians v. County of Mille Lacs (D. Minn.):

292 CA8 Order Dismissing Appeal

305 County Sheriff Motion to Dismiss

308 Response

310 Reply

312-dct-order-1Download

Prior post here.

Community house on the agency near Vineland Bay on Mille Lacs Lake, Minnesota

Strict Scrutiny Podcast Episode on the Denezpi Argument: “Indian Law Hall of Fame”

Matthew L.M. Fletcher

Here.

Blurb: “Leah recaps Denezpi v. United States, an important case about tribal sovereignty, with Matthew Fletcher(Michigan State University & Chief Justice of the Pokagon band of Potawatomi Indians Court of Appeals) & April Youpee-Roll (Munger Tolles & Olson), which may involve … Neil Gorsuch’s heel turn in Indian law?!?”

Topside Briefs in Oklahoma v. Castro-Huerta

Matthew L.M. Fletcher

Here:

petitioners-briefDownload

Amicus briefs:

Oklahoma DAs and Sheriffs Amicus Brief

Police Chiefs Amicus Brief

Polluters Amicus Brief

States Amicus Brief Supporting Oklahoma

Tulsa Amicus Brief

Reply

Cert stage and lower court materials here.

Portia Skenadore-Wheelock on the New VAWA Bill

Matthew L.M. Fletcher

Portia Kay^nthos Skenadore-Wheelock has published “Introduction of VAWA Reauthorization Bill is a Major Step Forward For Tribal Communities.”

Not that it matters but she’s a PLSIer.

Ninth Circuit Decides Adams v. Dodge [Nooksack]

Matthew L.M. Fletcher

Here is the unpublished opinion.

Briefs are here.

Wisconsin COA Briefs in Constitutional Challenge to PL280 Prosecution

Matthew L.M. Fletcher

Here are the briefs in State v. House (Wis. Ct. App.):

Appellant Brief

Respondent Brief

Reply