Ninth Circuit Remands Two Appeals Affected by U.S. v. Bryant

Here are the materials in United States v. Stewart.

Unpublished opinion

US Brief

Here are the materials in United States v. Kirkaldie.

Unpublished opinion

US Opening Brief

DOJ is Expanding the TAP Program

The Department of Justice is expanding the Tribal Access Program (TAP) for National Crime Information which provides federally-recognized tribes access to national crime information databases for both civil and criminal purposes.  Tribes interested in participating in TAP must submit a letter or resolution from the tribe’s governing body by December 2, 2016.

Full announcement and application details: tpa-phase-1-announcement-final

Ninth Circuit Briefs in Tulalip School Shooting-Related Conviction

Here are the materials in United States v. Fryberg:

fryberg-opening-brief

answer-brief

Gila River’s Petition for Rehearing in Lopez v. Alvarez

Download (PDF): Respondent’s Petition for Rehearing en Banc

Link: Previous post when 9th Cir. reversed conviction

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Here is the unpublished opinion in United States v. PMB, Juvenile Male.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.

We posted on this case here and 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.

View System Requirements

Former Navajo Nation Leaders’ Criminal Sentencing

Here is the news coverage.

And a pleading from one of the defendants, Johnny Naize:

99152130_v 1_Petition for Leniency including Exhibits A B

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:

Alvarez Motion for Rehearing

Alvarez Supplemental Brief

CA9 Order for Supplemental Briefs

GRIC Opposition

GRIC Supplemental Brief

NACDL Amicus Brief