Criminal

News Coverage of ILOC’s “Blistering” Condemnation of the State of Alaska’s Justice System

Matthew L.M. Fletcher

Here.

Indian Law and Order Commission Report Released Today

Matthew L.M. Fletcher

News coverage here.

20131112-072415.jpg

Red Lake Ojibwe Member Can Be Prosecuted by Feds for Violations of Tribal Hunting/Fishing Regulations

Matthew L.M. Fletcher1 Comment
Thunder Lake
Thunder Lake on the Red Lake Reservation

Here are the materials in United States v. Holthusen (D. Minn.):

95 Magistrate Judge R&R

98 Holthusen Objections

106 Government’s Response to Objections

114 DCT Order Adopting MJ R&R

Legal Services Corp. Proposed Rule on Restrictions on Criminal Representation

Matthew L.M. Fletcher

Here. Comment period expires Dec. 4, 2013.

The summary:

This proposed rule updates the Legal Services Corporation (LSC 
or Corporation) regulation on legal assistance with respect to criminal 
proceedings. The Tribal Law and Order Act of 2010 (TLOA) amended the 
LSC Act to authorize LSC funds to be used for representation of persons 
charged with criminal offenses in tribal courts. This proposed rule 
will bring the regulations into alignment with the amended LSC Act. The 
proposed rule will also revise the conditions under which LSC 
recipients can accept or decline tribal court appointments to represent 
defendants in criminal proceedings.

South Dakota SCT Denies Habeas Relief in Fast Horse v. Weber

Matthew L.M. Fletcher

Here is the opinion.

 

Ghost Bear v. US: Federal Habeas Denied

Matthew L.M. Fletcher

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

2 Petition

22 MJ R&R

27 DCT Order

New Brunswick Fracking Protests: Frontline of a Democratic Fight

Peter Scott Vicaire2 Comments

Click here for a great article from Martin Lukacs.  “Images of burning cars and narratives about Canadian natives breaking the law obscure the real story about the Mi’kmaq people’s opposition to shale gas exploration.”

Ninth Circuit Vacates 18 Month Sentence for Defrauding Fort Peck

Matthew L.M. Fletcher

Here are the materials in United States v. Greybull:

CA9 Unpublished Opinion

Greybull Opening Brief

US Answer Brief

News Coverage of UND’s Conference on the Dana Deegan Case

Matthew L.M. Fletcher

Here. And here.

An excerpt:

Federal Judge Myron Bright of Fargo, senior jurist on the 8th U.S. Circuit Court of Appeals, told two daughters of Dana Deegan, Kamryn, 17, (left) and Sydney, 16, (right) that he’s committed to “right a wrong,” and get justice for their mother, serving a 10-year federal sentence, including seeking clemency from President Barack Obama.Bright spoke Monday at a forum at UND’s law school, saying American Indians often face unfair sentences because of he unique jurisdiction of federal courts on reservations. Deegan, 40, convicted in 2007 of second-degree murder of her infant son near New Town, N.D., is in federal prison in Waseca, Minn. State sentences for similar homicides of infants by their mothers are much shorter, said Bright, 94, who was appointed to the federal bench in 1968.

If folks are interested in learning more about the case, please see the website at www.freedana.com and Dana’s advocates will file a petition for federal clemency with the Obama administration in the coming weeks.

Opening Brief in Arizona/Hualapai Indian Country Criminal Jurisdiction Case

Matthew L.M. Fletcher

Here is the brief in State v. Mahone (Ariz. App.):

Mahone Opening Brief