New Mexico Court of Appeals Affirms Conviction of Non-Indian Arrested by Tribal Police

Here is the opinion in State v. Sanchez (N.M. App.).

An excerpt:

Defendant Ronald Sanchez was arrested by a Tesuque Pueblo police officer on property of the Tesuque Pueblo and charged in Santa Fe County Magistrate Court with aggravated driving while under the influence of intoxicating liquor or drugs (DWI), first offense, contrary to NMSA 1978, Section 66–8–102 (2010). The officer was cross-commissioned as a Santa Fe County special deputy sheriff. His salary was paid by the Tesuque Pueblo Police Department, and it included incremental pay financed from a grant to assist the department in targeting the motoring public. On appeal to the district court, Defendant was again convicted. He appeals his conviction to this Court, contending that the district court (1) erred in denying his motion to suppress by holding that the tribal officer who conducted the arrest was properly cross-commissioned and had authority to arrest Defendant under the Motor Vehicle Code; and (2) erred in denying Defendant’s defense, pursuant to NMSA 1978, Section 66–8–137(B) (1978), and holding that the tribal officer did not have financial incentive motivating his arrest of Defendant. We hold that (1) the tribal officer was properly cross-commissioned and could properly arrest Defendant while wearing the uniform of and receiving his salary from the Tesuque Pueblo Police Department, and (2) the tribal officer’s receipt of pay from a grant and his obligation under the grant to make monthly statistical reports did not give rise to a defense under Section 66–8–137(B). We affirm Defendant’s conviction.

Judge Voluck Op-Ed on Alaska Native Tribal First Response to Violence

Judge David Voluck has published an op-ed “Peace in the home and the tribal first response to violence” in two versions: (1) the Alaska Daily News; and (2) the Alaska Dispatch.

The Author’s Note at the end of the Dispatch version is helpful:

Author’s note: For people interested in learning more about safety and justice in Alaska Native communities, please see Indian Law Order & Order Commission Report to Congress and U.S. President: Roadmap to a Safer Native America; Chapter 2 “The Time for Reforming Justice for Alaska Natives: The Time is Now.”  ;U.S. Attorney General’s Advisory Committee on American Indian / Alaska Native Children Exposed to Violence: Alaska Hearings June 12, 2014. “Joint Statement on Eliminating Violence Against Indigenous Women and Girls.” Alaska Natives Commission final report, 1994. Alaska Commission on Rural Governance and Empowerment: Final Report to the Governor (1999).

Federal Court Dismisses Illegal Gambling Indictments at St. Regis Mohawk

Here are the materials in United States v. Laughing (N.D. N.Y.):

248 Motion to Dismiss

249 DCT Order

We posted on this matter here, here, and here.

Eighth Circuit Briefs on Reach of Lacey Act in Minnesota Chippewa Tribe Reservations

Here are the materials in United States v. Brown:

USA Opening Brief

Appellees Consolidated Brief

Reply Brief TK

Lower court materials here.

Bureau of Prisons TLOA Final Report

Here:

BOP TLOA Final Report

Ninth Circuit En Banc Oral Argument Audio in United States v. Zepeda

Here.

Panel opinion here.

Eid: “Reasons to be optimistic about Alaska’s public safety crisis”

From the Alaska Dispatch.

An excerpt:

The report of the all-volunteer, bi-partisan commission, “A Roadmap for Making Native America Safer,” highlights Alaska’s violent crime epidemic. This includes  a domestic violence rate 10 times the national average and sexual assault rates 12 times higher.  It’s a crisis in the Bush, but also in Anchorage and other cities where families flee when village life becomes unbearable. Where criminals keep victimizing women and children because they were never held accountable for their crimes back home.

DOJ Taskforce on Native Children and Violence Meets in Alaska

Here.

Federal Denies Motion to Suppress in Lower Brule Sioux Reservation Synthetic Marijuana Prosecution

Here are the materials in United States v. Long (D.S.D.):

74 MJ R&R

103 DCT Order Adopting Mj R&R

Briefs in Phillip v. State of Alaska — Yup’ik Fishers Case

Here:

Appellants Opening Brief

ACLU Alaska Amicus Brief

AVCP and AFN Amicus Brief

State Brief

Appellants Reply Brief

Victoria Sweet posted the Atlantic Monthly profile of this case here.