Herrera v. Wyoming Cert Petition

Here:

2017-10-05 Herrera Cert Petition

Question presented:

Whether Wyoming’s admission to the Union or the establishment of the Bighorn National Forest abrogated the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States,” thereby permitting the present-day criminal conviction of a Crow member who engaged in subsistence hunting for his family.

 

Federal Court Finds Tribal Court Exhaustion Futile, Grants ICRA Habeas Petition

Here are the materials in Toya v. Toledo (D.N.M.):

10 Amended Habeas Petition

13 Answer

16 Reply

18 Magistrate Report

19 DCT Order Adopting Magistrate Report

Prior post here.

Sixth Circuit Affirms Indian Country Assault Conviction

Here is the opinion in United States v. Verwiebe.

Oklahoma En Banc Petition in Murphy v. Royal

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)

Here are the materials in United States v. Long:

Opinion

Long Brief

US Brief

Reply

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

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”

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.

Ninth Circuit Affirms Major Crimes Act Manslaughter Conviction

Here is the unpublished opinion in United States v. Bearcomesout.

Federal Magistrate Recommends Rejection of Challenge to Federal & Hualapai Criminal Convictions

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

1 Motion to Vacate

8 Government Response

13 Reply

14 Magistrate Report

Federal Court Orders Indian Prisoner to Add Charging Tribe to Suit in ICRA Habeas Action

Here is the order in Talk v. Southern Ute Detention Center (D.N.M.):

8 DCT Order