Federal Magistrate Recommends Granting ICRA Habeas Petition of Kewa Pueblo Prisoner [Tortalita]

Here are the materials in Tortalita v. Geisen (D.N.M.):

1 Habeas Petition

7 Motion to Release

24 Tribe Brief

33 Magistrate Report

Federal Magistrate Recommends Granting ICRA Habeas Petition of Kewa Pueblo Prisoner [Garcia]

Here are the materials in Garcia v. Geisen (D.N.M.):

1 Habeas Petition

15 Motion for Release

27 Tribe Brief

36 Magistrate Report

Mildly Interesting SCOTUS Development: Bearcomesout Cert Petition

Here is the petition in Bearscomesout v. United States:

bearcomesout cert petition

Question presented:

Whether the “separate sovereign” concept actually exists any longer where Congress’s plenary power over Indian tribes and the general erosion of any real tribal sovereignty is amplified by the Northern Cheyenne Tribe’s Constitution in this case such that Petitioner’s prosecutions in both tribal and federal court violate the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution.

The Ninth Circuit’s unpublished opinion is here. We posted briefs in this case because the federal appellate defender characterized this case as a direct challenge to the applicability of the dual sovereign exception to double jeopardy as applied to Indian tribes.

SCOTUSBlog notes this case has been relisted, perhaps because a justice wants to write a dissent from denial of certiorari (Justice Thomas anyone?), but who knows?

Kathryn Isom-Clause Guest Post: “Tribal Gaming Can Help to Fight Human Trafficking”

Tribal Gaming Can Help to Fight Human Trafficking

Kathryn Isom-Clause

Often “hidden in plain sight,” millions of people are exploited for criminal profit every year. These people are victims of human trafficking, or modern-day slavery. Human trafficking occurs across the globe and in our own tribal communities. To help combat this epidemic, many tribal gaming facilities are using their unique positions and tools to become an active part of the solution. Confronting human trafficking takes a comprehensive and collaborative approach, starting with awareness of the problem.

Federal law defines human trafficking as the crime of recruiting, harboring, transporting, providing, obtaining, patronizing, or soliciting labor or commercial sex acts through the use of force, fraud, or coercion.[1] The scale of this crime is shocking. It is estimated that many millions of people are trafficked each year, generating billions of dollars in illegal profits. Human trafficking is second only to drug trafficking as the largest criminal enterprise worldwide.

While victims may be of any gender, age, race, or socioeconomic background, traffickers target the most vulnerable members of society. The United States’ Trafficking in Persons Report identifies American Indians and Alaska Natives as particularly vulnerable.[2] Since the colonial era, indigenous people have been subjected to sale and exploitation.[3] Policies such as the prohibition of traditional culture and language, assimilation, relocation, and removal of children further contributed to Native people’s continued trauma and exploitation. Native women still experience more physical and sexual violence than other racial and ethnic groups.[4] The effects of historical trauma are deeply felt in Native communities, families, and individuals. [5] These and other factors contribute to the disproportionate impact of human trafficking on Native people.

Nonetheless, many are fighting back against this crime in Indian Country. Tribes across the country are taking steps to prevent or stop human trafficking from occurring on tribal lands or to tribal citizens, often through task forces and partnerships with law enforcement and victim services organizations. Several tribes have also adopted laws against the crime of human trafficking.[6] Additionally, numerous governmental and private entities have partnered to raise awareness and provide recovery support to victims and survivors.

While this issue cannot be addressed without government leadership, law enforcement, and social services at the forefront, the Indian gaming industry is uniquely positioned to play a role in helping to stop human trafficking. Tribal gaming facilities are at the intersection of governmental entities, the tribal community, law enforcement, and the public. Rather than ignoring the threat, a growing number of casinos already provide anti-human trafficking trainings. Some casinos have implemented employee guidance and protocols to better enable their teams to identify possible victims and alert authorities. Anti-human trafficking signs and posters, currently seen in airports, hotels, and hospitals, could similarly be displayed in gaming facilities, which also welcome a diverse cross-section of the community. In short, the tribal gaming industry is uniquely situated to foster partnerships to tackle human trafficking within Indian Country. These initiatives will build safeguards for tribal citizens, casino patrons, and nearby communities.

At the National Indian Gaming Commission, we have partnered with the Bureau of Indian Affairs to offer human trafficking training as part of our annual regional training courses. We are also in regular contact with other agencies and groups to help raise awareness and share resources with our tribal partners. Our purpose is to help equip those in the tribal gaming industry with resources to fight back against human trafficking as they see fit.

Tribal gaming plays an important part in strengthening not only tribal nations but the well-being of individual tribal citizens. We are well-positioned to partner with other stakeholders and utilize our resources to support prevention efforts. Armed with this knowledge and tools, we can work together to help victims and stop this horrific crime.

To request help or report suspected human trafficking, call the National Human Trafficking Hotline at 1-888-373-7888, or text HELP or INFO to BeFree (233733). Native Americans affected by domestic violence, intimate partner violence, sexual assault, or human trafficking may also call the StrongHearts Native Helpline at 1-800-799-7233.

[1] See Trafficking Victims Protection Act, 22 U.S.C. § 7102 (2015).

[2] U.S. Dep’ t of State, Trafficking in Persons Report (2016).

[3] Alexandra (Sandi) Pierce & Suzanne Koepplinger, National Online Resource Center on Violence Against Women, New Language, Old Problem: Sex Trafficking of American Indian Women and Children (2011), http://www.vawnet.org (last visited April 3, 2018).

[4] Patricia Tjaden & Nancy Thoennes, National Institute of Justice, Extent, Nature, and Consequences of Rape Victimization: Findings from the National Violence Against Women Survey (2006), https://www.ncjrs.gov/pdffiles1/nij/210346.pdf (last visited April 3, 2018).

[5] T. Evans-Campbell, “Historical Trauma in American Indian/Native Alaska Communities: A Multi-level Frame-work for Exploring Impacts on Individuals, Families, and Communities,” Journal of Interpersonal Violence 23 (3) (2008).

[6] National Congress of American Indians Policy Research Center, “Human and Sex Trafficking: Trends and Responses across Indian Country” (Spring 2016), available at http://www.ncai.org/policy-research-center/research-data/prc-publications/TraffickingBrief.pdf (includes Tribal Code examples from Snoqualmie, Swinomish, Tulalip, and Eastern Band of Cherokee Indians).

 

North Dakota SCT Rejects State Criminal Jurisdiction over Nonmember Indians

Here are the materials in Olson v. North Dakota Dept. of Transportation:

Appellant Brief

Appellee Brief

Opinion

Reply

Royal v. Murphy Brief in Opposition

Here:

Murphy BIO FINAL

Cert petition is here.

Fletcher Review of David Grann’s “Killers of the Flower Moon”

Here is “Failed Protectors: The Indian Trust and Killers of the Flower Moon,” forthcoming in the Michigan Law Review.

Abstract:

This Review uses Killers of the Flower Moon as a jumping off point for highlighting for readers how so many Indian people in Indian country can be so easily victimized by criminals. And yet, for however horrible the Osage Reign of Terror, the reality for too many Indian people today is much much worse. The federal government is absolutely to blame for these conditions. This Review shows how policy choices made by all three branches of the federal government have failed Indian people. Part I establishes the federal-tribal trust relationship that originated with a duty of protection. Part II establishes how the United States failure to fulfill its duties to the Osage Nation and its citizens allowed and even indirectly encouraged the Osage Reign of Terror. Part III offers thoughts on the future of the trust relationship in light of the rise of tribal self-determination. Part IV concludes the Review with a warning about how modern crime rates against Indian women and children are outrageously high in large part because of the continuing failures of the United States.

 

Federal Court Declines to Suppress Statements Made by Criminal Suspect to Tribal Police

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

32 Motion to Suppress Statements

33 Motion to Suppress Guilty Plea

36 US Response

45 Objection

44 Magistrate Report

47 DCT Order

NCAI: “VAWA 2013’s Special Domestic Violence Criminal Jurisdiction (SDVCJ) Five-Year Report”

Here.

Federal Court Rejects Habeas Petition Seeking Vacature of Major Crimes Act Domestic Violence Conviction [Hualapai]

Here are the materials in Smith v. United States (D. Ariz.):

1 Motion to Vacate

8 US Response

13 Reply

14 Magistrate Report

15 Objection

17 DCT Order