Supreme Court

Here:

Cert petition is here.

United States v. Bryant Cert Petition — Federal Habitual Offender Statute and Uncounseled Tribal Court Convictions

October 7, 2015October 7, 2015Matthew L.M. Fletcher1 Comment

Here is the petition:

Question presented:

Section 117(a) of Title 18, United States Code, makes it a federal crime for any person to “commit[] a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country” if the person “has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for” enumerated domestic-violence offenses. 18 U.S.C. 117(a).

The question presented is whether reliance on valid uncounseled tribal-court misdemeanor convictions to prove Section 117(a)’s predicate-offense element violates the Constitution.

Lower court materials here (en banc) and here (panel).

SCOTUS Order from Long Conference

October 5, 2015Matthew L.M. Fletcher3 Comments

Here.

The Supreme Court denied cert in Oklahoma v. Hobia, Wisconsin v. Ho-Chunk, Sac and Fox Nation v. Borough of Jim Thorpe, and Torres v. Santa Ynez Band of Chumash Indians.

The Court took no action on the Jensen v. EXC petition, perhaps because the Dollar General v. Mississippi Band of Choctaw Indians matter is pending and involves similar issues (tribal court jurisdiction over nonmembers).

SCOTUS Grants Cert in Omaha Reservation Case

October 1, 2015Matthew L.M. Fletcher

Here is the Court’s order list.

Here are the petition stage briefs in Nebraska v. Parker:

Cert petition

US Cert opposition

NARF page on this case.

Lower court materials here.

Sixth Circuit Recalls Mandate in NLRB v. Little River Tribal Government to Allow for Cert Petition

September 29, 2015Matthew L.M. Fletcher

Here:

2015 09 24 Uopposed LRB Motion to Recall and Stay Mandate

2015 09 29 Order Recalling Mandate

Arizona Rep. Albert Hale Letter to Arizona Governor and AG Objecting to Arizona Signing onto Anti-Indian Brief Filled by Oklahoma in Dollar General

September 21, 2015Matthew L.M. Fletcher

Here:

Dollar General Corp v MI Band of Choctaw Indians_HALE

An excerpt:

The State has joined in support of the Petitioner despite the fact that the State of Mississippi has made the policy decision that on-reservation torts arising in Mississippi should not consume State resources and are better addressed by tribal institutions. The State of Mississippi is submitting an amicus brief in support of the Tribe. Arizona’s decision to sign on to Oklahoma’s amicus brief flies in the face of Mississippi’s sovereign prerogatives on how to interact with Indian Nations within Mississippi’s borders. This is disrespectful; Arizona should stay out of Mississippi’s tribal affairs decisions.

Dollar General briefs and materials are here.