Tenth Circuit

Tenth Circuit Affirms Drug Conviction Arising from Tribal Court Issued Search Warrant

Matthew L.M. Fletcher

Here is the opinion in United States v. Holt.

Briefs:

Appellant Brief.pdfDownload
Appellee Brief.pdfDownload

Tenth Circuit Allows IGRA Suit by Comanche against Fort Sill to Proceed

Matthew L.M. Fletcher

Here is the opinion in Comanche Nation v. Ware.

Briefs:

Opening Brief

Answer Brief

Reply

Tenth Circuit Rejects Challenge to Indian Status in Indian Country Crimes Case

Matthew L.M. Fletcher

Here is the opinion in United States v. King.

Briefs:

Appellant Brief.PDFDownload
Federal Answer Brief.pdfDownload
Reply.pdfDownload

Tenth Circuit Moots ICRA Habeas Petition Styled as a Removal from Tribal Court to Federal Court, with a Warning About Frivolous Filings

Matthew L.M. Fletcher

Here is the unpublished opinion in Gardner v. Ute Tribal Court.

Briefs:

Appellant Memorandum Brief on Jurisdiction.pdfDownload
Opening Brief.pdfDownload
Answer Brief.pdfDownload
Reply.pdfDownload

Tenth Circuit Confirms Disestablishment of Citizens Potawatomi Reservation

Matthew L.M. Fletcher

Here are the materials in Wahpekeche v. Pettigrew:

Opinion

Opening Brief pro se.pdfDownload
Appellant Supplemental Brief.pdfDownload
State Answer Brief.pdfDownload
Reply.pdfDownload

United States v. Hopson Cert Petition

Matthew L.M. Fletcher

Here:

US Cert PetitionDownload

Question presented:

Whether respondents—Indians charged with felony assault in Indian country under the Major Crimes Act in violation of 18 U.S.C. 113(a)(6) and (8) and 1153(a)— were entitled both to a jury instruction on a lesser included offense not listed in the Major Crimes Act and complete acquittal if the jury found them guilty of that lesser offense.

Lower court materials here.

Tenth Circuit Affirms Life Sentence for Murphy

Matthew L.M. Fletcher

Here is the opinion in United States v. Murphy.

The defendant was the subject of Sharp v. Murphy, the predecessor case to McGirt v. Oklahoma.

How many agree? “Supreme Court Bad.”

Tenth Circuit Reverses Conviction Because Government Did Not Sufficiently Prove Defendant Was Non-Indian

Matthew L.M. Fletcher

Here is the opinion in United States v. Ruiz.

Briefs:

Opening Brief

Government Brief

Reply

Update:

En banc petition.pdfDownload

Tenth Circuit Rejects Effort to Challenge Constitutionality of ICWA in Child Custody Case

Matthew L.M. Fletcher

This was never an ICWA case. Here are the materials in Amboh v. Haney:

CA10 Memorandum Opinion.pdfDownload
Appellant Brief.pdfDownload
Appellant Supplemental Brief.pdfDownload
Appellee Brief.pdfDownload
Reply.pdfDownload

Tenth Circuit Reverses Indian Country Sexual Assault Conviction for Govt’s Failure to Show Defendant was “Non-Indian” Beyond a Reasonable Doubt

Matthew L.M. Fletcher

Here is the opinion in United States v. Hebert.

Briefs:

Opening Brief

Federal Answer Brief

Reply