Ninth Circuit – Page 85

Some of you might remember this case — the Ninth Circuit’s opinion affirming the death sentence was a big part of the discussion at the FBA Indian Law Conference three years back — US v Mitchell CA9 Opinion.

Here is the district court order on habeas review: Order Denying Mitchell Habeas Relief

The Federal Death Penalty Act, 18 USC 3598, requires federal prosecutors to seek tribal concurrence on the death penalty before seeking the sentence for Indian country crime committed by tribal members. So the Ashcroft Dept. of Justice sought the death penalty under a different jurisdictional statute, and successfully avoided the tribal concurrence provision.

Ninth Circuit Rejects Nisqually Challenge to Frank’s Landing Indian Community Tax Agreement

October 4, 2010October 4, 2010Matthew L.M. Fletcher

Here are the materials in Nisqually Indian Tribe v. Gregoire (opinion here):

Nisqually Opening Brief

Frank’s Landing Indian Community Answer Brief

Gregoire Answer Brief

Squaxin Island Answer Brief

Nisqually Reply Brief

Frank’s Landing Supplemental Brief

Gregoire Supplemental Brief

Nisqually Supplemental Brief

Squaxin Island Supplemental Brief

Lower court materials here.

Ninth Circuit Affirms SORNA Conviction (Major Crimes Act is Underlying Conviction)

September 29, 2010Matthew L.M. Fletcher

Here is the unpublished opinion in United States v. George.

An excerpt:

Defendant-Appellant Phillip William George (“George”) was convicted of the federal crime of sexual abuse of a minor on an Indian reservation in violation of 18 U.S.C. §§ 2243(a)and 1153. He served his sentence for that offense, but then he failed to register as a sex offender in violation of the Sex Offender Registration and Notification Act (“SORNA”), 18 U.S.C. § 2250. He was convicted of that offense in 2008, pursuant to a conditional guilty plea, and now appeals that conviction. He contends his conviction is invalid because the state where he was required to register, Washington, had not implemented SORNA. He also argues SORNA’s registration requirement is an invalid exercise of congressional power and violates the Ex Post Facto Clause of the Constitution.

Ninth Circuit Rejects Self-Defense Challenge to Indian Country Conviction

September 21, 2010Matthew L.M. Fletcher

Here is the opinion in U.S. v. Morsette.

An excerpt:

A jury convicted Defendant Richard Charles Morsette ofassault for attacking two people in his home, which is locatedon Rocky Boy’s Indian Reservation in Montana. At trial,Defendant claimed that he acted in self-defense. The districtcourt gave a standard jury instruction on self-defense butdeclined to give Defendant’s additional requested instruction:“In the home, the need for self-defense and property defenseis most acute.” The sole question on appeal is whether theSupreme Court’s recent decisions in District of Columbia v.Heller, 128 S. Ct. 2783 (2008), and McDonald v. City of Chicago,130 S. Ct. 3020 (2010), required the court to give therequested additional instruction. We answer that question“no.”