Red Lake Reservation – Turtle Talk

When, on the Red Lake Reservation, a non-Indian violates a Minnesota law under circumstances where the non-Indian is subject to the State of Minnesota’s criminal jurisdiction, Red Lake Band police officers are authorized to detain and expel the non-Indian from the Reservation.

Eighth Circuit Affirms Criminal Sentence in Red Lake Reservation Robbery

December 2, 2013Matthew L.M. Fletcher

Here is the opinion in United States v. Downwind.

Federal Court Rejects Motions to Suppress Evidence in Red Lake Kidnapping Case

November 25, 2013Matthew L.M. Fletcher

Here are the materials in United States v. Benais (D. Minn.):

70 MJ R&R re Smith

71 MJ R&R re Benais

75 DCT Order Adoting No. 70

76 DCT Order Adopting No. 71

Eighth Circuit Remands Major Crimes Act Case for Determination on Whether Red Lake Reservation Diminished

October 2, 2012Matthew L.M. Fletcher1 Comment

Here are the materials in United States v. Jackson:

Federal Court Decides Concurrent Criminal Jurisdiction Case on Red Lake Reservation

July 23, 2011July 22, 2011Matthew L.M. Fletcher

Here are the materials in United States v. Head (D. Minn.):

DCT Order Adopting R&Rs in Head

Magistrate R&R in Head

Eighth Circuit Affirms Use of “Indescribed” Tribal Court Convictions in Federal Sentencing

March 3, 2011Matthew L.M. Fletcher

Here is the unpublished opinion in United States v. Jones, for a crime committed on the Red Lake Reservation:

CA8 Opinion in Jones

And the briefs:

Jones Opening Brief

USA Brief in Jones

An excerpt:

Here, the district court did not procedurally err in considering Jones’s tribal convictions. The Guidelines specifically permit a district court to consider tribal court convictions for the purpose of determining the adequacy of a defendant’s criminal history, see U.S.S.G. § 4A1.3(a)(2)(A), and this court has consistently approved tribal convictions as a permissible basis for departing upward from the advisory Guidelines range. See, e.g.,United States v. Cook, 615 F.3d 891, 893 (8th Cir.2010);United States v. Harlan, 368 F.3d 870, 874-75 (8th Cir.2004).

Nord v. Kelly — Tribal Court Jurisdiction over Tort Claim Arising on State Highway

April 5, 2008Matthew L.M. Fletcher

Here, the Eighth Circuit affirmed the DCT opinion rejecting the jurisdiction of the Red Lake Band of Chippewa Indians tribal court over a tort claim arising out of an auto wreck on a state highway within the reservation. Judge Murphy concurred in a separate opinion, noting the distinction between the Red Lake Reservation, which has never been ceded, and the reservation of the Mandad, Hidatsa, and Arikara Nation, where the Strate case arose.

Here are the materials: