Tag Archives: right to counsel

Friday Job Announcements

Job vacancies are posted on Fridays. This week, any posts received prior to 12pm EST on Thursday will appear in this Friday’s announcements. If you would like to submit a post for an open Indian law or leadership job, please … Continue reading

Posted in jobs, Research | Tagged , , , ,

Eighth Circuit Affirms Major Crimes Act Conviction over Dissent on Right to Counsel in Tribal Court (Rosebud Sioux)

Here are the materials in United States v. Long: Opinion Long Brief US Brief Reply An excerpt from the dissent: A misdemeanant like Michael Long is forbidden to possess a firearm only if he was “represented by counsel in the case” … Continue reading

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

Takeaways from the Bryant Decision

As observers might have predicted from the oral argument in United States v. Bryant (opinion here), the government’s victory was not surprising. Of course, even a few years ago, this outcome was far from a foregone conclusion, as the 2005 Canby-Washburn-Sands … Continue reading

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

The Dark Side of the Bryant Victory

From the Marshall Project, “Poor on a Native American Reservation? Good Luck Getting a Lawyer.”

Posted in Author: Matthew L.M. Fletcher, Criminal, News, tribal courts | Tagged , , , | 1 Comment

Sixth Circuit Affirms Conviction of Second Saginaw Chippewa Member for DV

Here is the unpublished opinion in United States v. Pego.This one is Samuel John Pego. We posted on the earlier appeal by Waylon Pego here.

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

Sixth Circuit Affirms D.V. Convictions of Saginaw Chippewa Member

Here is the unpublished opinion in United States v. Pego. We posted the indictment and a procedural matter on the blog.

Posted in Author: Matthew L.M. Fletcher, Criminal, Michigan Indian, Research | Tagged , , , , , , | 2 Comments

Tracing the Right to Counsel in the VAWA Reauthorization Act

Been asked this so here goes. Does the new statute require tribes to guarantee counsel to indigent defendants in special tribal domestic violence prosecutions of non-Indians? Yes, the answer is (as Yoda would say) (and assuming President Obama doesn’t veto). … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, tribal courts | Tagged , , , | 3 Comments

Federal Court Denies Motion to Remand Serial DV Case to Tribal Court

Here are the materials in United States v. Pego (E.D. Mich.): DCT Order Denying Motion Pego Indictment Pego Superceding Indictment US Opposition to Pego Motion  

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

Federal Court Denies ICRA Habeas Writ in Right to Counsel Case

Here is the order. This could be a case to watch if the dicta in United States v. Lara is to be believed.

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

Ninth Circuit Denies Fourth Amendment Challenge to Search on Crow Reservation

Here is the unpublished opinion in United States v. Littlebird. An excerpt: More importantly, significant intervening circumstances exist to sufficiently purge the taint of the illegal stop. First, prior to the interview, Littlebird was arraigned in the Crow Tribal Court and received … Continue reading

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