Criminal – Page 40 – Turtle Talk

Federal Court Dismisses Sault Tribe Member’s Treaty-Based Effort (from prison) to Save Structures Encroaching on State Land

July 16, 2019Matthew L.M. Fletcher

Here are the materials in Macleod v. Moritz (E.D. Mich.):

4 First Amended Complaint

19 State Motion to Dismiss

23 Bellfy Motion to Intervene

25 State Opposition to Bellfy Motion

26 MacLeod Motion for Summary

27 MacLeod Opposition to MTD

32 MacLeod Objection

39 State Supp Brief

41 MacLeod Supp Brief

42 DCT Order on Procedural Motions

43 Magistrate R&R

46 MacLeod Objections

48 State Response

53 Bellfy Notice of Appearance

54 MacLeod-Bellfy Motion

Michigan SCT Rules Former Tribal Official who Committed Crime in Office Eligible to Run for State Office

July 10, 2019Matthew L.M. Fletcher

Here is the opinion in Paquin v. City of St. Ignace:

michigan-sct-opinion.pdf

And the lone brief I was able to unearth:

Lower court decision here.

Mr. Paquin’s indictment here.

Split Eighth Circuit Reinstates MCA Manslaughter Indictment of Mother of Newborn Killed by Drug Toxicity

July 5, 2019July 7, 2019Matthew L.M. Fletcher

Apparently the first time the federal government has prosecuted a drug addicted mother for the death of a newborn.

Here is the opinion in United States v. Flute.

Briefs:

Appellant Brief

District Court materials (D.S.D.):

2 Redacted Indictment

25 Motion to Dismiss

SCOTUS Confirms Dual Sovereignty Exception to Double Jeopardy Clause [over powerful RBG dissent]

June 17, 2019Matthew L.M. Fletcher

Here is the opinion in Gamble v. United States.

Prior posts on this case here.

Ninth Circuit Confirms Assimilative Crimes Act Applies in Indian Country

May 29, 2019Matthew L.M. Fletcher

Here is the opinion in United States v. Smith.

Briefs:

opening-brief.pdf

amicus-brief.pdf

us-answer-brief.pdf

Minnesota SCT Refuses to Grant Credit to Prisoner for Time Spent in Red Lake Tribal Jail Unless that Time Was Spent for a State Offense

May 23, 2019Matthew L.M. Fletcher

Here is the opinion in State v. Roy:

News Coverage on Herrera v. Wyoming Decision

May 21, 2019Matthew L.M. Fletcher

SCOTUSBlog (Greg Ablavsky)

Link to decision and materials here.

SCOTUS Reverses in Herrera v. Wyoming (5-4)

May 20, 2019Matthew L.M. Fletcher

Background materials here.

Muscogee (Creek) Nation SCT Issues Opinion in Judicial Recusal Matter

May 15, 2019Matthew L.M. Fletcher

Here is the order in Bruner v. Muscogee (Creek) Nation.

Minnesota COA Confirms Tribal Police Have Power to Detain and Deliver Non-Indians

May 14, 2019Matthew L.M. Fletcher

Here is the opinion in State v. Thompson.

The court’s syllabus:

If a tribal police officer suspects a person who is not an Indian of violating a Minnesota criminal statute on an Indian reservation, and if the victim is not an Indian or there is no victim, the tribal police officer lawfully may detain the person and deliver him or her to state law-enforcement authorities for further investigation and prosecution.