A decision in a long running adoption case out of Utah.
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Federal Government Sets Execution Date for Lezmond Mitchell
Here is “Justice Department sets execution date for only Native American on death row.”
Here is the most recent opinion in his case, where two Ninth Circuit judges questioned his sentence.
Below is a statement from counsel for Mr. Mitchell. Deputy Federal Public Defenders Jonathan Aminoff and Celeste Bacchi:
“With the enactment of the Federal Death Penalty Act, Congress made a commitment to the Native American peoples that no Native American would be subjected to the death penalty for a crime committed against a fellow Native American on Native American land unless the tribe consented. In what the Ninth Circuit Court of Appeals referred to as a “betrayal of a promise made to the Navajo Nation,” the Department of Justice exploited a legal loophole and sought the death penalty against Mr. Mitchell for the federal crime of carjacking over the objection of the Navajo Nation, the victims’ family, and the local United States Attorney’s Office. The federal government’s announcement that it now plans to execute Lezmond Mitchell demonstrates the ultimate disrespect for the Navajo Nation’s values and sovereignty.
The Government’s contravention of tribal autonomy did not end with the decision to pursue a death sentence against Mr. Mitchell. In addition to the charging decision, the Government committed misconduct in the course of this prosecution by confining Mr. Mitchell in a tribal jail where they continually interrogated him over the course of 25 days without providing him an attorney. Furthermore, the Government systematically excluded Navajos from serving on Mr. Mitchell’s jury, resulting in a jury composed of 11 white people and only one Navajo. Unfortunately, we have been barred from investigating concerns of juror bias amongst Mr. Mitchell’s jury. Under these circumstances, allowing Mr. Mitchell’s execution to go forward would be a grave injustice and an unprecedented affront to tribal sovereignty, and it should not be permitted to proceed. We will continue to pursue all available avenues of relief for Mr. Mitchell from his unconstitutional convictions and death sentence.”
-Deputy Federal Public Defenders Jonathan Aminoff and Celeste Bacchi, attorneys for Lezmond Mitchell
-July 29, 2020
Muscogee (Creek) Nation Executive Order Establishes “Mvskoke Reservation Protection Commission”
Call for Submissions Tribal Law Journal​ at UNM School of Law
Tribal Law Journal​ at The University of New Mexico School of Law is still accepting submissions for Volume 21 until October 18, 2020. View the Call for Submissions for more information.
Bay Mills Indian Community Hosts Second Annual Noojimo’iwewin: A VAWA and ICWA Training
Bay Mills Indian Community is hosting its second annual Noojimo’iwewin: A VAWA and ICWA Training on August 5-7, 2020. Once again, the training will focus on issues of child welfare, domestic violence, and community healing. This year, the event is completely virtual. For more details, please see the press release or event website.
Federal Court Remands Peoria Tribe’s Legal Malpractice Claims to State Court
Here are the materials in Peoria Tribe v. Campbell (N.D. Okla.):
Split Tenth Circuit Affirms Denial of Qualified Immunity to Okfuskee County Deputy Who Shot and Killed Unarmed Man in Case of Mistaken Identity within Creek Reservation Boundaries
Here is the opinion in Reavis v. Frost.
News coverage here.
Federal Court Holds Oklahoma Gaming Compacts Automatically Extend to 2035
Here are the materials in Cherokee Nation v. Stitt (W.D. Okla.):
125-1 Tribes Motion for Summary Judgment
126 State Motion for Summary Judgment
128 Wichita Tribes Motion for Summary Judgment
142 State Response to Wichita Tribes
Case tag here.
Update in Indian Students’ Claims against BIE School at Havasupai
Here are the updated materials in Stephen C. v. Bureau of Indian Education (D. Ariz.):
182 BIE Motion for Partial Summary J
184 Plaintiffs Motion for Partial Summary J
216 BIE Motion for Partial Relief
231 BIE Trial Brief on Section 504
233 BIE Trial Brief on Expert Witnesses
234 Plaintiffs Trial Brief on Reasonable Accommodations
235 Plaintiffs Trial Brief on Injunctive Relief
236 Plaintiffs Trial Brief on Section 504
Prior post here.
Eighth Circuit Affirms Major Crimes Act Arson Conviction Arising at Pine Ridge
Here is the opinion in United States v. Ferguson.
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