Eighth Circuit – Page 11

Have Any Indians Served on a Federal Criminal Jury, Ever?

July 28, 2017Matthew L.M. Fletcher1 Comment

Three Indians were struck from the jury during voir dire in United States v. Harding, including one who was struck because he was struck in a prior case. And that’s okay under federal law, apparently:

The prosecutor gave these reasons for the strikes: He said that Lacroix worked with Harding at Dakota Paneling, where Lacroix was a supervisor, and that Lacroix knew Harding. He stated that Cottier was a registered nurse and was a member of a venire in the recent case of United States v. High Wolf. In response to questions from the court, the prosecutor clarified that Cottier had been excused from service in High Wolf, and that the prosecutor was drawing on Cottier’s responses during voir dire in the past.

Eighth Circuit Affirms Major Crimes Act DV/Sexual Assault Conviction

June 29, 2017June 29, 2017Matthew L.M. Fletcher

Here is the opinion in United States v. Johnson.

Oglala Sioux v. Fleming Update and Briefs in the Eighth Circuit

June 12, 2017June 20, 2017Kate Fort1 Comment

Oglala Sioux v. Fleming (previously Van Hunnik) is the class action suit initiated by the Oglala Sioux and Rosebud Sioux Tribes and the ACLU/Stephen Pevar arguing that Pennington County, SD is violating the due process rights and ICWA rights of Indian families. The case is complex and on-going. Since the suit was originally filed in 2013, the tribes and individual tribal members represented in the class have strung together a series of compelling district court orders in their favor. Recently, the state appealed those orders to the Eighth Circuit. You can find those orders, and some of the briefing collected here.

Here is the current briefing in the Eighth Circuit:

Appellant Brief–Vargo (March 24, 2017)

Appellant Brief–Fleming and Valenti, DSS (March 24, 2017)

Appellant Brief–Pfeifle (March 30, 2017)

Appellee Brief–Oglala Sioux and Rosebud Sioux

Tribal Amici Curiae Brief

Eighth Circuit Briefs in Sisseton-Wahpeton Effort to Save Burial Mounds

April 27, 2017Matthew L.M. Fletcher1 Comment

Here are the materials in Sisseton-Wahpeton Oyate of the Lake Traverse Reservation v. United States Corps of Engineers:

Opening Brief

Federal Answer Brief

Lower court materials here.

Eighth Circuit Holds in Criminal Jurisdiction Matter Red Lake Reservation Not Diminished by 1905 Act

April 4, 2017April 4, 2017Matthew L.M. Fletcher

Here are the materials in United States v. Jackson:

Opinion

Appellant Brief

US Brief

Red Lake Amicus Brief

Reply Brief

Prior opinion in this case here.

Order Denying Stay Pending Appeal in Oglala Sioux v. Fleming (Van Hunnik)

February 10, 2017Sarah M Donnelly

Download(PDF): Doc. 332 – Order (2/9/2017)

Link: Previous posts

Eighth Circuit Affirms Major Crimes Act Child Abuse Conviction

February 2, 2017Matthew L.M. Fletcher

Here is the opinion in United States v. White Plume.

Eighth Circuit Rejects Challenge to North Dakota Jury Selection Process (No Native Jurors, Usually)

December 30, 2016December 30, 2016Matthew L.M. Fletcher

Here is the opinion in United States v. Garcia.

The syllabus:

Defendant failed to avail himself of the 
   right to inspect jury selection records, and the district court did not 
   err in failing to order sua sponte that those records be made available to 
   him; claim that the jury did not represent a fair cross section of the 
   community and that the jury selection process used by the district court 
   improperly excluded Native Americans from the venire is rejected; this 
   court has previously upheld North Dakota's jury selection plan, which 
   draws its pools of prospective jurors randomly from lists of persons who 
   voted in the last presidential election; jury administrator's testimony 
   that there were not usually one or two Native Americans on the potential 
   jury panel did not constitute a prima facie showing that Native Americans 
   have been substantially under-represented on venires over a significant 
   period of time.

Eighth Circuit Holds New Town is “Indian Country”

December 28, 2016Matthew L.M. Fletcher

Here is the opinion in United States v. Bear.

The court’s syllabus:

Defendant's argument that New Town, where his 
   crime occurred, is not part of the Fort Berthold Reservation is rejected, 
   and the district court did not err in determining that defendant was 
   properly subject to federal prosecution.