Criminal

Tenth Circuit Orders New Trial in Indian Country Murder Case over Faulty Self-Defense Jury Instruction

Matthew L.M. Fletcher

Here is the opinion in United States v. Hicks.

Briefs:

Opening Brief

Government Brief

Reply

South Dakota Federal Court Dismisses Challenge to Sisseton Wahpeton Criminal Jurisdiction

Matthew L.M. Fletcher

Here are the materials in LaBatte v. Gangle (D.S.D.):

1 Complaint

19 Amended Complaint

20 Motion for PI

25 SWO Opposition to Motion for PI

27 SWO Motion to Dismiss

30 Defendant’s Consolidated Reply

32 DCT Order

Tenth Circuit Affirms Criminal Conviction over Indian Status Challenge

Matthew L.M. Fletcher

Here is the opinion in United States v. Laskey.

Briefs here.

Montana Federal Court Declines to Dismiss MCA Prosecution After Tribe Declined to Prosecute

Matthew L.M. Fletcher

Here are the materials in United States v. King (D. Mont.):

49 Motion to Dismiss

54 Opposition

58 Reply

77 DCT Order

Oklahoma Federal Court Declines to Suppress Evidence Obtained from Cherokee Search Warrant Lacking Probable Cause

Matthew L.M. Fletcher

Here are the materials in United States v. Holt (N.D. Okla.):

67 Motion to Suppress.pdfDownload
79 Government Opposition.pdfDownload
87 Magistrate Report.pdfDownload
103 Objection.pdfDownload
111 Government Opposition.pdfDownload
122 DCT Order.pdfDownload

Split Tenth Circuit Panel Vacates Major Crimes Act Conviction Due to Government’s Failure to Prove Indian Status of Defendant

Matthew L.M. Fletcher

Here is the opinion in United States v. Wood.

Briefs:

Opening BriefDownload
Pages: 1 2

Leonard Peltier Denied Again

Matthew L.M. Fletcher

Here.

This time we have the petition, posted on SSRN by Robert Don Gifford and Kevin Sharp.

New Mexico Federal Court Rejects Constitutional Challenge to Major Crimes Act

Matthew L.M. Fletcher

Here are the materials in United States v. Marquez (D.N.M.):

92 Motion to Dismiss.pdfDownload
97 Response.pdfDownload
110 DCT Order.pdfDownload

Washington SCT Vacates 100 Year Old Conviction of Yakama Tribal Citizen for Treaty Fishing

Matthew L.M. Fletcher

Here is the order in State v. Wallahee:

Opinion.pdfDownload

Tenth Circuit Affirms Federal Criminal Jurisdiction over Pueblo Fee Lands Owned by Non-Indians

Matthew L.M. Fletcher

Here is the opinion in United States v. Smith.

Briefs and lower court materials here.