cert petition – Page 30

The question presented is: whether the Ninth Circuit’s decision contravenes the basic administrative law principle, established by this Court’s decisions, that an executive agency may change the policies of a previous administration based on the new administration’s different values and priorities, even though the relevant facts are unchanged.

Lower court materials here and here.

Cert Opposition Brief in Jensen v. EXC

October 12, 2015Matthew L.M. Fletcher

Here:

EXC Cert Opp

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:

Cert 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).