Since this is also a challenge to a federal statute, expect a strong cert petition from the US if it loses this case in the Eighth Circuit. If not, then look for a circuit split down the line.
Here are those materials:
US v Cavanaugh Appellant Brief
Cavanaugh Answer Brief
US v Cavanaugh Reply Brief
Earlier posting with lower court materials here.
Here is United States v. Cavanaugh (D. N.D.), where the court dismissed an indictment under the federal domestic violence by a habitual offender in Indian Country statute (18 U.S.C. 117), holding that the use of prior uncounseled tribal court D.V. convictions to establish the “habitual” element of the crime was unconstitutional. See my paper on how state courts should use, if at all, uncounseled tribal court convictions. The court rejected claims that the statute itself was unconstitutional under Morrison and Lopez.
Here are the materials:
Cavanaugh DCT Order on Motion to Dismiss
Cavanaugh Motion to Dismiss
US Opposition to Cavanaugh Motion to Dismiss
Cavanaugh Reply Brief
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