Tag Archives: Indian Country

Ninth Circuit Confirms Assimilative Crimes Act Applies in Indian Country

Here is the opinion in United States v. Smith. Briefs: opening-brief.pdf amicus-brief.pdf us-answer-brief.pdf reply-3.pdf

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

Federal Court Holds State Highway on Sandia Pueblo is Indian Country

Here are the materials in United States v. Antonio (D.N.M.): 62 Motion to Dismiss 68 Response 84 DCT Order An excerpt: THIS MATTER comes before the Court on the Defendant’s Motion to Dismiss for Lack of Federal Subject Matter Jurisdiction, filed … Continue reading

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

Eighth Circuit Holds New Town is “Indian Country”

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 … Continue reading

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

Idaho COA Dismisses Jurisdictional Challenge to Indian Country Criminal Conviction on Procedural Grounds

Here is the opinion in State v. Wolfe: State v. Wolfe An excerpt: The district court recognized the possible merit of Wolfe’s contentions that the state courts lacked subject matter jurisdiction over the charged offense. The court ordered further briefing … Continue reading

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

Alex Pearl on Maximizing Welfare and Efficiency Through Informal Norms in Indian Law

M. Alexander Pearl has posted “Of ‘Texans’ and ‘Custers’: Maximizing Welfare and Efficiency Through Informal Norms,” forthcoming in the Roger Williams University Law Review, on SSRN. Here is the abstract: Professor Robert Ellickson (Yale) theorized that the informal norms of … Continue reading

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

USDOJ Releases Report to Congress on Indian Country Investigations and Prosecutions

The Department of Justice released today a report to Congress entitled Indian Country Investigations and Prosecutions which provides a range of enforcement statistics required under the Tribal Law and Order Act of 2010.  The report, based on data compiled from … Continue reading

Posted in Author: Victoria Sweet, Congress | Tagged , , ,

Tenth Circuit Decides Seminole Indian Country Habeas Appeal (Effectively Reversing Oklahoma Criminal COA)

Here are the materials in Magnan v. Trammell: CA10 Opinion Magnan Opening Brief Seminole Tribe Amicus Oklahoma Answer Brief Magnan Reply Brief An excerpt: Petitioner David Magnan pleaded guilty in Oklahoma state court to three counts of murder in the … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , , , , | 1 Comment

New Mexico Court of Appeals Reaffirms Holding that Fort Wingate Military Reservation (Navajo) is Indian Country

Here is the opinion in State v. Steven B.: CA31,322 An excerpt: In State v. Dick, 1999-NMCA-062, 127 N.M. 382, 981 P.2d 796, this Court held that the State does not have jurisdiction to prosecute a criminal defendant within Parcel … Continue reading

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

Eighth Circuit Holds Fee Land Leased to Indian Housing Authority Not Indian Country in Habeas Appeal

Here are the available materials in Owen v. Huber: CA8 Unpublished Opinion in Owen v. Huber Owen Opening Brief Owen Reply Brief

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , | 1 Comment

“ADR’s Role in Resolving Indian Disputes” at Seattle Law on March 18, 2011

Here is the flyer: ADR’s Role In Resolving Indian Disputes Announcement

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