Criminal

Maine Court Denies Maliseet Indian Motion to Dismiss Fishing Prosecution

Matthew L.M. Fletcher

Here is the order in State v. Bear:

WALcr-16-636

Magdelane Martel Profile on Colton Boushie Murder

Matthew L.M. Fletcher

Here is “Two Bullets and Numerous Misfires.”

Gabrielle Scrimshaw Commentary on Colton Boushie Murder

Matthew L.M. Fletcher

Here is “A Killing in Saskatchewan,” in the New York Times.

Tenth Circuit Affirms Conviction (again) for Mail Fraud against Paiute Indian Tribe of Utah

Matthew L.M. Fletcher

Here is the unpublished opinion in United States v. Zander.

Prior post here.

Royal v. Murphy Cert Petition (Death Penalty & Muscogee Reservation Boundaries)

Matthew L.M. Fletcher2 Comments

Here:

Cert Petition

Question presented:

Whether the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an “Indian reservation” today under 18 U.S.C. § 1151(a).

Lower court materials here.

UPDATE:

Environmental Federation Of Oklahoma Inc Amicus Brief

OIPA Amicus Brief

US Amicus Brief Royal v. Murphy

Murphy BIO FINAL

No. 17-1107 Murphy Reply — Final

Jim Diamond on Practicing Indian Law in Federal, State, and Tribal Criminal Courts

Matthew L.M. Fletcher2 Comments

James D. Diamond just published “Practicing Indian Law in Federal, State, and Tribal Criminal Courts and an Update on Recent Expansion of Criminal Jurisdiction Over Non-Indians” in the ABA’s Criminal Justice Magazine. PDF SSRN

Eid & Goldtooth on Navajo Juvenile Justice Law

Matthew L.M. Fletcher

Troy A. Eid and DeAnna Goldtooth have published “’Children Are Sacred’:  Applying Navajo (Dine’) Fundamental Law to Strengthen Juvenile Justice” at 62 The University of South Dakota Law Review 728 (2017). The draft manuscript is here.

Ninth Circuit Briefs in United States v. Cloud (Search and Seizure on Indian Lands)

Matthew L.M. Fletcher

Here:

Cloud opening brief

US answer brief

OIG Report: “Review of the Department’s Tribal Law Enforcement Efforts Pursuant to the Tribal Law and Order Act of 2010”

Matthew L.M. Fletcher

OIG Indian Country Crimes Report

Federal Court Dismisses Habeas Petition by Kickapoo Member for Failure to Exhaust Tribal Remedies

Matthew L.M. Fletcher

Here are the materials in Darnell v. Merchant (D. Kan.):

1 Habeas Petition

15 Response

17 Reply

33 DCT Order

An excerpt:

Petitioner Bobbie Darnell, a member of the Kickapoo Tribe in Kansas (the “Tribe”), filed a Petition for Writ of Habeas Corpus pursuant to 25 U.S.C. § 1303 seeking relief from her tribal court convictions and sentence. Petitioner requests that the Court issue a writ of habeas corpus commanding her immediate release from jail in Brown County, Kansas, overturning her convictions in Kickapoo criminal cases numbers CRM016-11 and CRM016-23, and staying all further tribal court action against her (Doc. 1). In addition, Petitioner has filed a motion for release on her own recognizance (Doc. 25). As explained below, the Court denies the Petition for Writ of Habeas Corpus because Petitioner has not exhausted her tribal remedies. The Court further denies Petitioner’s motion for release on her own recognizance as moot.