Eastern District of Michigan

Michigan Indian Country Crime Report

Matthew L.M. Fletcher
Man Sentenced For Murder on Indian Reservation (U.S. Attorney for the Eastern District of Michigan – http://www.justice.gov/usao/mie/)
Daniel Lawrence Fuller, 31, of Mount Pleasant Mich., was sentenced to 300 months in prison and five years supervised release for second degree murder on March 22, 2012.  Fuller pleaded guilty to the charge on Dec. 7, 2012.  The evidence at the plea hearing established that on July 10, 2010, Fuller strangled his sister, Iva Joy Fuller, to death on the Isabella Reservation.
 
Man Sentenced for Shooting Gun Inside House on Indian Reservation (U.S. Attorney for the Eastern District of Michigan – http://www.justice.gov/usao/mie/)
Gonnzalo Alaniz Jr., 44, of Mount Pleasant, Mich., was sentenced to 14 months in prison and two years of supervised release on March 22, 2012.  Alaniz was sentenced in connection to his guilty plea on Oct. 11, 2011. The evidence at the plea hearing established that on Feb. 23, 2011, Alaniz discharged a firearm on the Isabella Reservation after having previously been convicted of a felony.  

Federal Court Dismisses Saginaw Chippewa NLRB Challenge

Matthew L.M. Fletcher1 Comment

Here is the order:

DCT Order Dismissing SCIT Complaint

Briefs and other materials are here and here and here and here.

Response and Reply in Saginaw Chippewa Indian Tribe v. NLRB

Kate Fort1 Comment

Here is the Saginaw Chippewa Tribe’s combined Response and Reply: Combined Response & Reply

And here is the NLRB’s reply: Reply Brief – 12-05-11

Earlier posts here.

NLRB Motion to Dismiss Saginaw Chippewa Indian Tribe Complaint

Matthew L.M. Fletcher1 Comment

Here:

NLRB Motion to Dismiss

The complaint and related materials are here.

Saginaw Chippewa Indian Tribe Sues NLRB

Matthew L.M. Fletcher2 Comments

Here are the materials in Saginaw Chippewa Indian Tribe v. National Labor Relations Board (E.D. Mich.):

SCIT Complaint

SCIT Motion for Preliminary Injunction

TT’s own Andrew Adams is co-counsel on this one.

Federal Court Indicts Man for Assault and Witness Tampering at Saginaw Chippewa

Matthew L.M. Fletcher

Man Indicted for Assault and Witness Tampering on Indian Reservation (U.S. Attorney for the Eastern District of Michigan)

Travis Jay Kendall, 24, was indicted by a federal grand jury in Bay City, Mich., for assault causing serious bodily injury and witness tampering. The indictment charges that Kendall assaulted his girlfriend on the Saginaw Chippewa Indian Reservation in Isabella County, Mich. The indictment also charges that Kendall attempted to intimidate, threaten, or corruptly persuade the victim with the intent to influence her testimony at a grand jury proceeding.

http://www.justice.gov/usao/mie/news/2011/2011_8_10_tkendall.html

Federal Court Rejects Mich. AG Schuette Motion for Relief from Saginaw Chippewa/Granholm/Isabella County Reservation Boundary Settlement

Matthew L.M. Fletcher

Here is that order:

DCT Order Denying Michigan AG Rule 60 Motion

Here is the final settlement order from last December.

U.S. v. Pego: Indictment of Saginaw Chippewa Member

Matthew L.M. Fletcher1 Comment

Here are the materials in United States v. Pego (E.D. Mich.):

Pego Indictment

DCT Order to Hold Pego Pending Trial

Old News But Judge Ludington Formally Approves Saginaw Chippewa Reservation Boundaries Settlement

Matthew L.M. Fletcher

Here is the order: DCT Order Approving Settlement.

Of note, the court addressed Michigan AG Cox’s objection relating to Nevada v. Hicks, in which the AG argued that the establishment of a “Tribal Enclave” violated Hicks:

The Attorney General next objects to any limitations on the ability of state police officers to enter the “Tribal Enclave” for law enforcement purposes. The Tribal Enclave is a small parcel within the Isabella Reservation, which includes land owned by the Tribe and viewed by the Tribe as essential to its sovereignty. State police can enter the Tribal Enclave only if they are responding to an emergency call, in “fresh pursuit” of a suspect, or with authorization from the Tribal Police. The Attorney General contends that the restrictions are inconsistent with Nevada v. Hicks, 533 U.S. 353, 121 S. Ct. 2304, 150 L. Ed. 2d 398 (2001). In Hicks, the Supreme Court held that a tribal court’s jurisdiction is limited with respect to non-Indian actors, even as to events that took place within Indian country and on land owned by a tribe. Id.at 358-60. Accordingly, a tribal member cannot sue a state game warden in tribal court for executing a search warrant within Indian country where the game warden was seeking evidence of a crime that occurred outside Indian country.

The procedures described in the law enforcement agreement are consistent with Hicks and the interests of the public. The agreement does not limit the authority of the state police to enforce state law within the Tribal Enclave. Rather, it simply requires that the state police officers follow certain procedures before entering the Tribal Enclave. The state police will still be able to execute state-issued search warrants within the Tribal Enclave after obtaining authorization from the Tribal Police. In the event of an emergency, however, pre-authorization is not required. The agreement is a compromise that enables the Tribe to retain a higher degree of sovereignty within the Tribal Enclave without sacrificing public safety. Accordingly, the Attorney General’s second objection is also reasonably addressed by the settling parties.

Judge Ludington Rules on Saginaw Chippewa Boundary Settlement

Kate Fort

According to the Morning Sun, Judge Ludington approved the agreements between the tribe and the state, county and city.  The judge ruled from the bench, so the order isn’t available yet.