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Tag Archives: double jeopardy
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 … Continue reading
Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Supreme Court
Tagged double jeopardy, Gamble v. United States, Supreme Court
The Atlantic on the Challenge to the Dual Sovereignty Exception
Here is “A Supreme Court Case Could Liberate Trump to Pardon His Associates.”
Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Supreme Court
Tagged double jeopardy, Gamble v. United States
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: Opening Brief Answer Brief Reply 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 … Continue reading
Montana Supreme Court Reverses Conviction of CSKT Member
Here are the materials in State v. James: State v James Opinion James Opening Brief Montana Brief James Reply Brief 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 … Continue reading
