Criminal

Oklahoma Court of Criminal Appeals Says Castro-Huerta Means that Congress Didn’t Preempt State Criminal Jurisdiction in Indian Country [No, that’s not the law but nothing matters anymore.]

Matthew L.M. Fletcher

Here are the materials in Deo v. Parish:

Brief in Support of Mandamus Petition

State Response Brief

Opinions

Proposed State of Oklahoma, Act of June 16, 1906, Proposed forest reserve in southeastern Indian Territory

Washington Federal Court Rejects ICRA Habeas Petitions Challenging Assault Conviction of Council Member

Matthew L.M. Fletcher

Here are the materials in Sellards-Reck v. Shook (W.D. Wash.):

1 Habeas Petition.pdfDownload
21 Cowlitz Response to Petition.pdfDownload
25 Petitioner Reply.pdfDownload
30 Cowlitz Reply.pdfDownload
31 Magistrate Recommendation.pdfDownload
32 DCT Order Adopting Recommendation.pdfDownload

Oklahoma Federal Court Declines to Overturn Non-Indian Conviction in General Crimes Act Case

Matthew L.M. Fletcher

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

194 Motion for Acquittal.pdfDownload
207 Response.pdfDownload
208 DCT Order.pdfDownload

Oklahoma Federal Court Dismisses Indictment of Non-Indian Confederate in Indian Country Crime

Matthew L.M. Fletcher

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

25 Indictment.pdfDownload
49 Motion to Dismiss.pdfDownload
58 Response.pdfDownload
64 DCT Order.pdfDownload

Nevada Federal Court Orders Washoe County Sheriff to Respond to ICRA Habeas Petition of Pyramid Lake Detainee

Matthew L.M. Fletcher

Here are the materials so far in Cantrell v. Washoe County Sheriff (D. Nev.):

20 Amended Habeas Petition

31 Motion to Dismiss

34 DCT Order

Photo by Kindel Media on Pexels.com

Eighth Circuit Rejects Claims of Standing Rock Protesters Injured by the Police

Matthew L.M. Fletcher

Here is the opinion in Dundon v. Kirchmeier.

Briefs:

Appellant Brief.pdfDownload
Amicus Brief.pdfDownload
Appellee Brief.pdfDownload
Reply.pdfDownload

Cayuga Nation Sues U.S. Department of Justice for Violations of the Tribal Law and Order Act

Matthew L.M. Fletcher

Here is the complaint in Cayuga Nation v. United States (D.D.C.):

1 Cayuga Complaint.pdfDownload

Montana Federal Court Grants ICRA Habeas Petition for Sentencing Snafu at Blackfeet

Matthew L.M. Fletcher

Here are the materials in Arocha v. Blackfeet Tribe (D. Mont.):

10 Amended Habeas Petition

17 Response

22 Blackfeet Motion to Dismiss

29 Response to 22

32 Reply ISO 22

36 Response to 10

37 DCT Order

10th Circuit Case Challenging Federal Jurisdiction on Pueblo Fee Lands

Matthew L.M. Fletcher

Here are the briefs in United States v. Smith:

APPELLANT’S OPENING BRIEF

United States Response Brief

Pueblo Amicus

2023-07-12_ Brief of the SofNM as Amicus Curiae

Reply Brief

Here are the lower court pleadings:

47 Motion to Dismiss

53 Response

60 Reply

110 DCT Order

New Mexico rocks

Tenth Circuit Decides Challenge to Indian Status of Cherokee Citizen Victim in Indian Country Crimes Act Case

Matthew L.M. Fletcher

Here is the opinion in United States v. Walker.

Briefs:

Opening Brief

US Answer

Reply