Download (PDF): Respondent’s Petition for Rehearing en Banc
Criminal
News Profile of Yu’pik Banishment Case
Here is “Young man blamed for 3 arson deaths in Alaska village gets traditional justice: Banishment,” from the Anchorage Dispatch News.
Ninth Circuit Holds FBI Officer Cannot Authenticate Navajo Membership Document or CDIB
Here is the unpublished opinion in United States v. PMB, Juvenile Male.
Oral argument video here.
Swinomish seeks prosecutor
Here.
Tribal Protection Order Webinar Series
The National Council of Juvenile and Family Court Judges, the Tribal Law and Policy Institute, and the National Congress of American Indians are hosting a webinar series on tribal protection orders. Each webinar will be 30 minutes with additional time for Question and Answer. Participants may attend one or more webinars, there are no prerequisites to attend any webinar. All webinars will be archived on tribalprotectionorder.org.
Please register for the topic(s), date and time that works best for you. The registration links are located below each topic description.
1) Issuing tribal protection orders – This webinar will discuss how to craft tribal protection orders, what language must be included in a tribal protection order, and how to meet the Violence Against Women Act (VAWA) full faith and credit provision.
Tue, Sep 13, 2016 11:00 AM – 12:00 PM PDT
Registration URL: https://attendee.gotowebinar.com/register/586317150921405955
Webinar ID: 144-585-971
2) Enforcing protection orders generally and for VAWA Special Domestic Violence Criminal Jurisdiction over non-Indian (SDVCJ) cases – This webinar will discuss how to enforce tribal protection orders through: criminal prosecution, criminal contempt, and civil contempt. Enforcing tribal protection order under the VAWA SDVCJ will also be addressed.
Tue, Sep 20, 2016 11:00 AM – 12:00 PM PDT
Registration URL: https://attendee.gotowebinar.com/register/2166778254430826243
Webinar ID: 118-977-555
3) Contempt and tribal protection orders – This webinar will discuss what powers judges have to maintain the safety, order and integrity of the court while issuing and enforcing tribal protection orders.
Tue, Sep 27, 2016 11:00 AM – 12:00 PM PDT
Registration URL: https://attendee.gotowebinar.com/register/6100405347613417219
Webinar ID: 121-647-987
Panelists: Honorable Steven D. Aycock, (Ret.), Judge-in-Residence, National Council of Juvenile and Family Court Judges, Honorable Kelly Gaines Stoner, Victim Advocacy Legal Specialist, Tribal Law and Policy Institute and Judge, Seminole Nation of Oklahoma
Facilitators: Virginia Davis, Senior Policy Advisor, National Congress of American Indians, Chia Halpern Beetso, Tribal Court Specialist, Tribal Law and Policy Institute
This webinar series is a part of a series of VAWA Special Domestic Violence Criminal Jurisdiction over non-Indians webinars. For past webinars please see: http://www.ncai.org/tribal-vawa. Past webinars include – Jury Pools and Selection, Defendant’s Rights, Victims’ Rights, Prosecution Skills, and Code Revision & Drafting. For further information on VAWA SDVCJ and protection orders, please visit: www.NCAI.org/tribal-vawa ; http://www.tribal-institute.org/lists/vawa_2013.htm ; www.TribalProtectionOrder.org.
After registering, you will receive a confirmation email containing information about joining the webinar.
Former Navajo Nation Leaders’ Criminal Sentencing
And a pleading from one of the defendants, Johnny Naize:
Ninth Circuit Reverses Tribal Conviction on Failure to Guarantee a Jury Trial
Here is the opinion in Alvarez v. Lopez.
An excerpt:
We consider whether an Indian tribe violated a criminal defendant’s rights by failing to inform him that he could receive a jury trial only by requesting one.
The answer was yes. One judge dissented.
The same panel had held in 2014 that the petitioner had failed to exhaust tribal remedies. Those materials here.
The panel issued this opinion on rehearing. Here are the rehearing stage materials:
Tenth Circuit Reverses Indian Country Criminal Conviction
Here is the opinion in United States v. Wolfname.
Former Bethel Police Officer Pleads Guilty to Assault for Misconduct
Link to Alaska Dispatch News article by Lisa Demer here.
Sentencing Commission Retains Tribal Issues Advisory Group
The US Sentencing Commission seeks applications by October 24, 2016, for a standing advisory group that consults with Indian Country regarding federal sentencing issues. It will also study the findings and recommendations contained in the May 2016 Report, and consider amendments to the Guidelines Manual.
Download: Notice (PDF), Charter (PDF)
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