Criminal

Here:

State En Banc Petition

Panel materials here.

Eighth Circuit Affirms Major Crimes Act Conviction over Dissent on Right to Counsel in Tribal Court (Rosebud Sioux)

August 29, 2017August 29, 2017Matthew L.M. Fletcher

Here are the materials in United States v. Long:

Opinion

Long Brief

US Brief

An excerpt from the dissent:

A misdemeanant like Michael Long is forbidden to possess a firearm only if he was “represented by counsel in the case” in which he sustained the misdemeanor conviction, or if he “waived the right to counsel in the case.” 18 U.S.C. § 921(a)(33)(B)(i)(I). It is undisputed that Long did not waive the right to counsel and that he was not represented by a lawyer in the case. The court concludes, however, that because Long was represented in the case by a nonlawyer, dubbed a “lay counsel” by the Rosebud Sioux Tribe, he was “represented by counsel in the case.” I believe that this conclusion is inconsistent with the meaning of the word “counsel” in the statute, so I would reverse Long’s conviction for possession of a firearm as a prohibited person.

Kialegee Tribal Town Sues over Raid by Muscogee (Creek) Lighthorsemen

August 25, 2017August 25, 2017Matthew L.M. Fletcher

Here is the complaint in Kialegee Tribal Town v. Dellinger (N.D. Okla.):

2 Complaint

NYTs: “Most American Indian Tribes Opt Out of Federal Death Penalty”

August 23, 2017August 23, 2017Matthew L.M. Fletcher1 Comment

Here.

An excerpt:

Tamera Begay, a Navajo woman, has studied the Mitchell case and agrees the tribe should steer clear of the death penalty. “There’s so much federal jurisdiction, that’s worrisome,” she said.