Here are the materials in United States v. Kills Warrior (D.S.D.):
double jeopardy
Denezpi v. United States — Cert Petition re: CFR Courts as Federal Courts
Here is the petition and appendix:
Lower court materials here.
Question presented:
Is the Court of Indian Offenses of Ute Mountain Ute Agency a federal agency such that Merle Denezpi’s conviction in that court barred his subsequent prosecution in a United States District Court for a crime arising out of the same incident?
Update:
Federal Court Rejects Fourth Amendment and Double Jeopardy Challenges to Federal Prosecution for Robbery at Red Lake Subsequent to Tribal Prosecution
Here are the materials in United States v. Stately (D. Minn.):
129 Memorandum re Motion to Suppress
130 Memorandum re Motion to Suppress
134 Memorandum re Motion to Dismiss
138 Government’s Response to 118
139 Government’s Response to 40
140 Government’s Response to 43
SCOTUS Confirms Dual Sovereignty Exception to Double Jeopardy Clause [over powerful RBG dissent]
Here is the opinion in Gamble v. United States.
Prior posts on this case here.
Oral Argument Transcript in Case on Whether the Dual Sovereignty Exception to the Double Jeopardy Clause Should Continue
Worth a read. The federal government’s attorney’s representations about tribal criminal jurisdiction and tribal prerogatives are . . . interesting.
Here is the transcript in Gamble v. United States.
The docket page is here.
The NWIRC and NCAI brief is here: NIWRC Amicus Brief
The Atlantic on the Challenge to the Dual Sovereignty Exception
Here is “A Supreme Court Case Could Liberate Trump to Pardon His Associates.”
Ninth Circuit Briefs in U.S. v. Bearcomesout — Federal Defenders Seek End of the Dual Sovereignty Exception for Indian Tribes
Here are the briefs in United States v. Bearcomesout:
An excerpt from the opening brief:
Because the Northern Cheyenne Constitution cedes almost unfettered authority to the federal government, Ms. Bearcomesout’s prior conviction in Tribal Court bars subsequent federal prosecution in U.S. District Court as a violation of the Double Jeopardy clause. What is more, the frequency of litigation attacking identical and successive prosecutions says something about the inherent unfairness and counter intuitive legal analysis imposed on what seems to be a simple constitutional prohibition. Perhaps it is time to eschew the ‘separate sovereign’ concept altogether; because the harm it is intended to proscribe is hardly served by current separate sovereigns doctrine. See Puerto Rico v. Sanchez Valle, 579 U.S ___, 136 S.Ct. 1863, 1877 (2016) (Ginsberg, J., concurring).
Montana Supreme Court Reverses Conviction of CSKT Member
Here are the materials in State v. James:
Interesting double jeopardy case, in that Montana law recognizes tribal court convictions for state double jeopardy purposes.
New Mexico Court of Appeals Holds that Tribal Court Child Custody Case Does Not Preempt State Case
Here is the opinion in State v. Diggs, in which the court rejected a double jeopardy argument. An excerpt:
Defendants Jonathan Diggs and Rebecca Miller appeal in advance of their trial from the district court’s denial of their motions to dismiss on double jeopardy grounds. We consider whether the New Mexico Constitution and double jeopardy statute prohibit the State from prosecuting Defendants for child abuse because the Children, Youth and Families Department (CYFD) previously investigated Defendants for child abuse and the Acoma Pueblo tribal court previously held a custody hearing on the same issues. We hold that there was no double jeopardy violation and affirm.
Turtle Talk 