Michigan SCT to Hear Appeal of KBIC Employees Charged with Criminally Violating State Tobacco Transportation Law

Here are materials so far in the cases captioned People v. Davis and People v. Magnant:

Majority Opinion [Mich. COA]

Dissent [Mich. COA]

SCT Order Granting Review

Circuit Court materials:

Defendants Due Process Motion

Defendants Motion to Quash Information

Defendants Motion to Suppress

People Response to Due Process Motion

People Response to Motion to Quash

People Response to Motion to Suppress

 

Federal Government Sets Execution Date for Lezmond Mitchell

Here is “Justice Department sets execution date for only Native American on death row.”

Here is the most recent opinion in his case, where two Ninth Circuit judges questioned his sentence.

Below is a statement from counsel for Mr. Mitchell. Deputy Federal Public Defenders Jonathan Aminoff and Celeste Bacchi:
“With the enactment of the Federal Death Penalty Act, Congress made a commitment to the Native American peoples that no Native American would be subjected to the death penalty for a crime committed against a fellow Native American on Native American land unless the tribe consented. In what the Ninth Circuit Court of Appeals referred to as a “betrayal of a promise made to the Navajo Nation,” the Department of Justice exploited a legal loophole and sought the death penalty against Mr. Mitchell for the federal crime of carjacking over the objection of the Navajo Nation, the victims’ family, and the local United States Attorney’s Office. The federal government’s announcement that it now plans to execute Lezmond Mitchell demonstrates the ultimate disrespect for the Navajo Nation’s values and sovereignty.
The Government’s contravention of tribal autonomy did not end with the decision to pursue a death sentence against Mr. Mitchell. In addition to the charging decision, the Government committed misconduct in the course of this prosecution by confining Mr. Mitchell in a tribal jail where they continually interrogated him over the course of 25 days without providing him an attorney. Furthermore, the Government systematically excluded Navajos from serving on Mr. Mitchell’s jury, resulting in a jury composed of 11 white people and only one Navajo. Unfortunately, we have been barred from investigating concerns of juror bias amongst Mr. Mitchell’s jury. Under these circumstances, allowing Mr. Mitchell’s execution to go forward would be a grave injustice and an unprecedented affront to tribal sovereignty, and it should not be permitted to proceed. We will continue to pursue all available avenues of relief for Mr. Mitchell from his unconstitutional convictions and death sentence.”

 

-Deputy Federal Public Defenders Jonathan Aminoff and Celeste Bacchi, attorneys for Lezmond Mitchell

-July 29, 2020

Eighth Circuit Affirms Major Crimes Act Arson Conviction Arising at Pine Ridge

Here is the opinion in United States v. Ferguson.

NCAI/NIWRC Amicus Briefs in Support of Federal Cert Petition in U.S. v. Cooley

Here:

NCAI Amicus Brief

NIWRC Amicus Brief

Cert petition here.

Dominga Cruz, Sarah Deer and Kathleen Tipler on McGirt

From WaPo, here is “The Oklahoma decision reveals why Native Americans have a hard time seeking justice.”

Michael Daugherty: “Tribal courts should abolish cash bail”

From High Country News, here.

Federal Suit Launched against State Jurisdiction in Oklahoma Post-McGirt

Here is the complaint in Pickup v. District Court of Nowata County (N.D. Okla.):

2 Complaint

Indiana COA Affirms Drug Conviction of Non-Indian on Tribal Lands

Here are the materials in Riggle v. State of Indiana:

Appellant Brief

Appellee Brief

Sentencing Order

Opinion

Federal Claims Court Rejects Ute Family’s “Bad Men” Claims on the Merits that Police Shot Relative, Police Had Destroyed the Evidence

Here are the materials in Jones v. United States (Fed. Cl.):

150-1 US Motion for Summary Judgment

156 Response

157 Reply

158 DCT Order

Prior post here.

Stacy Leeds on the Policing Impacts of McGirt

From Slate, here is “What the Landmark Supreme Court Decision Means for Policing Indigenous Oklahoma: For Indigenous people, cries of ‘law and order’ have always contained a loaded message.”

Also in Slate, Mark Joseph Stern’s “Why Gorsuch Keeps Joining the Liberals to Affirm Tribal Rights.