Criminal – Page 32 – Turtle Talk

Navajo President to Appear Before U.S. Pardon Attorney Today, Stating in New Letter that Mitchell’s Commutation Would Honor “Our Religious and Traditional Beliefs”

(Washington, D.C.) Navajo Nation President Jonathan Nez personally appealed to U.S. President Donald Trump to request clemency for Lezmond Mitchell, the only Native American person under a federal death sentence. President Nez is scheduled to appear before the U.S. Pardon Attorney later today to personally advocate on behalf of Mr. Mitchell’s petition for executive clemency.

In a letter [https://tinyurl.com/y59d3a9v], President Nez and Vice President Myron Lizer called on the American president to demonstrate respect for the Navajo Nation’s tribal sovereignty by commuting Mr. Mitchell’s sentence to life imprisonment with no possibility of release. He pointed to the tribe’s steadfast opposition to Mr. Mitchell’s execution in light of the tribe’s long-standing position on the death penalty for Native Americans, and noted,

“The United States Department of Justice sought the death penalty against Mr. Mitchell despite the Navajo Nation’s public opposition, against the express wishes of the victim’s family, and ostensibly against the recommendation of the U.S. Attorney for the District of Arizona. The Navajo Nation is respectfully requesting a commutation of the death sentence and the imposition of a life sentence for Mr. Mitchell. This request honors our religious and traditional beliefs, the Navajo Nation’s long-standing position on the death penalty for Native Americans, and our respect for the decision of the victim’s family…We need to address this issue to move forward in our trust of our federal partners and to continue to work on the importance of protecting our People.”

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To’ Kee Skuy’ Soo Ney-Wo-Chek’ Progress Report — Year 1 of Study on M.M.I.W. In Northern California

August 8, 2020Matthew L.M. Fletcher

Here.

Pro Se Prisoner Civil Rights Suit against Tribal Police Dismissed

August 7, 2020Matthew L.M. Fletcher

Here are the materials in Lafley v. Adams (D. Mont.):

Oklahoma Criminal Appellate Court Asked to Address Impact of McGirt on Crime Committed on Chickasaw Reservation with Chickasaw Victims

August 5, 2020August 5, 2020Matthew L.M. Fletcher

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

Bosse Petition

Order Allowing McGirt Briefing

Bosse Brief

State Brief

Marshall Project Profile of Post-McGirt Criminal Jurisdiction in Oklahoma

August 4, 2020August 5, 2020Matthew L.M. Fletcher

Here.

And, yes, we know the Marshall Project headline is inaccurate, but High Country News (publishing in tandem with M.P.) did it better: “How the Supreme Court upended a century of federal Indian law.”

United Parcel Service Inc. v. New York Cert Petition

August 4, 2020Matthew L.M. Fletcher

Here:

UPS Cert Petition

Appendix

New York Brief in Opposition

Questions presented:

1. The Contraband Cigarette Trafficking Act prohibits the knowing transportation of “a quantity” of more than 10,000 untaxed cigarettes in the “possession” of unauthorized persons. 18 U.S.C. § 2341(2). The first question presented is whether multiple shipments from different shippers may be aggregated to satisfy the 10,000-cigarette threshold.
2. The Prevent All Cigarette Trafficking Act of 2009 exempts UPS by name if its tobacco-delivery agreement with New York is “honored” nationwide. 15 U.S.C. § 376a(e)(3)(B)(ii)(I). The second question presented is whether substantial compliance is a prerequisite to this statutory exemption.

Second Circuit materials here:

CA2 Opinion

UPS Brief

New York Opening Brief

UPS Reply

New York Reply

DCT materials here.