Tag Archives: Indian Civil Rights Act

H.R.3977 – To amend the Indian Civil Rights Act of 1968 to extend the jurisdiction of tribal courts to cover crimes involving sexual violence, and for other purposes.

Introduced by Rep. Haaland. BILLS-116hr3977ih

Posted in Author: Matthew L.M. Fletcher, Congress, Criminal, Legislation, Research, Tribal Codes, tribal courts | Tagged , , , ,

Ninth Circuit Holds Exclusionary Rule Applies to Evidence Obtained in Violation of ICRA’s Fourth Amendment Counterpart

Here is the opinion in United States v. Cooley. Briefs here.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , ,

Julia Stinson on Disenrollment as Cruel and Unusual Punishment

Julia M. Stinson has posted “When Tribal Disenrollment Becomes Cruel and Unusual” on SSRN. The article is forthcoming in the Nebraska Law Review. Here is the abstract: In the past two decades, Native American tribes have disenrolled—permanently removed from tribal … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, Tribal Codes, tribal constitutions, tribal membership | Tagged , ,

Second Circuit Briefs in Lakke v. Turning Stone Resort Casino [Paganist’s Religious Freedom Claims under ICRA]

Here: Opening Brief Answer Brief

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , ,

Grant Christensen on ICRA and Banishment

Grant Christensen has posted “Civil Rights Notes: American Indians and Banishment, Jury Trials, and the Doctrine of Lenity,” forthcoming in the William & Mary Bill of Rights Journal. The syllabus: Indian defendants appearing before tribal courts are not protected by … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, Tribal Codes, tribal courts | Tagged , , , ,

Materials in Emm v. Yerington Paiute Tribe [med mal]

Here: 3 Magistrate Report 4 DCT Order 5 Pro Se Complaint

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , ,

FBA Indian Law Conference ICRA Panel

Karla General, Angela Riley, Terri Smith, Se-ah-dom Edmo, and Josh Clause

Posted in Author: Matthew L.M. Fletcher, Symposia, Tribal Codes, tribal constitutions, tribal courts | Tagged ,

Federal Court Declines to Suppress Statements Made by Criminal Suspect to Tribal Police

Here are the materials in United States v. Gillette (D.S.D.): 32 Motion to Suppress Statements 33 Motion to Suppress Guilty Plea 36 US Response 45 Objection 44 Magistrate Report 47 DCT Order

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , ,

Tavares v. Whitehouse Cert Petition Denied

Here is today’s order list. Cert stage materials here.

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court | Tagged , , , , ,

Federal Court Dismisses Former Tribal Employee’s ICRA Claims

Here are the materials in Munoz v. Barona Band of Mission Indians (S.D. Cal.): 4-1 Motion to Dismiss 5 Response 7 Reply 10 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , ,