Pascua Yaqui Review of the Impact of Sentencing Guidelines on Tribal Communities

Download comments here.

The United States Sentencing Commission’s Tribal Issues Advisory Group visited the Reservation last week.  The issue they were investigating was whether there was disparity between a tribal member sentenced in federal court, when compared to a similarly situated defendant in state court. The information and data collected over the past year showed no disparity for the Tribe.

Draft Model Indian Juvenile Code Posted in the Federal Register Today

Here.

The Bureau of Indian Affairs is announcing availability of a draft Model Indian Juvenile Code for comment. The draft Model Indian Juvenile Code is intended as a tool to assist Indian Tribes in creating or revising their juvenile codes. DATES: Comments are due by midnight ET on May 27, 2016. See the SUPPLEMENTARY INFORMATION section of this notice for dates of Tribal consultation sessions.

Eighth Circuit Affirms Indian Country Assault Convictions

Here is the opinion in United States v. Rainbow.

An excerpt:

Christopher Rainbow (Christopher) and Jordan Rainbow (Jordan) were found guilty of assault with a dangerous weapon and assault resulting in serious bodily injury, both in violation of 18 U.S.C. §§ 2, 113, and 1153. On appeal, they argue that the district court erred in admitting into evidence certifications of Indian blood and 1 in denying their requests to instruct the jury on lesser-included offenses. Jordan also argues that the district court erred in asking certain questions of a doctor who treated the victim and that the evidence isinsufficient to support his convictions. We affirm

Eighth Circuit Affirms Indian Country Habitual DV Offender Conviction

Here is the opinion in United States v. Harlan.

Federal Court Dismisses ICRA Habeas Petition for Failure to Exhaust

Here is the order in Steward v. Mescalero Apache Tribal Court (D. N.M.):

7 DCT Order

John LaVelle on United States v. Bryant

Here is “‘Uncounseled’ convictions a threat to Indians.”

United States v. Bryant Background Materials

Merits Stage Briefs:

Brief for the United States

NCAI Amicus Brief

NIWRC Amicus Brief

Former US Attys Amicus Brief

Respondent’s Brief

Brief of Amici Curiae Criminal Justice Organizations and Scholars

Brief Amici Curiae of Professor Barbara L. Creel and the Tribal Defender Network

Brief Amici Curiae of the National Association of Criminal Defense Lawyers and Experienced Tribal Court Criminal Litigators

Cert Stage Briefs:

Cert Petition

NCAI Amicus Brief in Support

Opposition Brief

US Cert Stage Reply

Lower court briefs (en banc stage):

CA9 Order Denying En Banc Petition + Opinions

US En Banc Petition

NCAI Amicus Brief

Bryant Response

Lower court briefs (panel):

CA9 opinion in United States v. Bryant

Bryant Opening Brief

US Brief

Bryant Reply Brief

Bryant Supplemental Brief

US Supplemental Brief

Order Denying Kelsey Petition for Rehearing en Banc

Download order here.

Link to previously posted en Banc petition here.

ICRA Habeas Claim against Fort Peck Dismissed on Exhaustion Grounds

Here are the materials in Lambert v. Fort Peck Assiniboine & Sioux Tribes (D. Mont.):

5 Magistrate Report

6 DCT Order

Opening Merits Brief in U.S. v. Bryant

Here:

Brief for the United States