Tenth Circuit

Interesting Tenth Circuit Appeal on Confessions at Kewa Pueblo

Matthew L.M. Fletcher

Here are the materials in United States v. Aguilar:

Unpublished opinion

Aguilar Opening Brief

US Appellee Brief

Aguilar Reply

From the opinion, which in part dealt with a motion to suppress under the Fourth Amendment’s voluntariness requirement:

Aguilar argues his consent to the agents to enter his home and view the eagle feathers was involuntary when considering the totality of the circumstances. In particular, Aguilar argues the district court understated the significance of his belief that the agents were acting under the authority of the Pueblo Governor, whom, he argues, he was bound to obey according to Pueblo custom and tradition. In response, the government argues Aguilar’s subjective beliefs are irrelevant to the issue of voluntariness of consent insofar as there is no indication the agents were aware of or took advantage of them.

***

The district court arrived at this finding by noting that, prior to the agents’ arrival, Aguilar had already spoken with the Governor about his having killed eagles on tribal land. From this, the court found it was possible Aguilar thought the Governor informed the USFWS about his killing of eagles, but that it was equally likely Aguilar considered the matter to have been resolved to the Governor’s satisfaction during their meeting.

Appellant’s Brief in Thlopthlocco Tribal Town v. Stidham

Kate Fort1 Comment

This case involves the authority of the Muscogee (Creek) Nation courts’ authority to hear internal government disputes of the Thlopthlocco Tribal Town.

Lower court materials and order of dismissal here.

Appellant’s Brief to the 10th Circuit here.

Tenth Circuit Affirms Conviction for Theft from a Tribal Organization (Northern Arapahoe Tribe)

Matthew L.M. Fletcher

Here are the materials in United States v. Addison:

Addison Brief

Federal Govt Brief

CA10 Opinion

An excerpt:

Amanda Addison and Melody St. Clair were on trial for embezzling or converting funds from the Northern Arapahoe Tribe’s Department of Social Services (DSS). On July 7, 2011, the third day of trial, the trial judge declared a mistrial as to St. Clair only and excluded her from the courtroom for the remainder of the trial. Addison was convicted. She brings two issues for our consideration, whether: (1) the exclusion of St. Clair violated Addison’s Sixth Amendment right to a public trial and (2) the evidence was sufficient to demonstrate criminal intent. Because the district court had a substantial reason for excluding St. Clair, no Sixth Amendment violation occurred. The evidence was sufficient to prove her knowing and intentional taking of DSS funds. We affirm.

Tenth Circuit Decides Important Second Amendment/Official Immunity Appeal

Matthew L.M. Fletcher

Here is the opinion in Peterson v. Martinez.

Not an Indian law case, but the material on state official immunity is interesting, in my view, because of how much of the Tenth Circuit’s jurisprudence on the subject derives from Indian law cases.

Thlopthlocco Tribal Town to Appeal Sovereignty Dispute with Muscogee (Creek) Nation to Tenth Circuit

Matthew L.M. Fletcher

News coverage here.

Lower court materials here.

Michigan Files Amicus Brief in State of Oklahoma v. Hobia

Matthew L.M. Fletcher

Here:

State of Michigan Amicus Brief

The other opening briefs are here.

Pres. Obama Nominations for Eighth and Tenth Circuits

Matthew L.M. Fletcher

Here is White House press release.

Excerpt:

The White House
Office of the Press Secretary

For Immediate Release January 31, 2013
President Obama Nominates Two to Serve on the US Court of Appeals

WASHINGTON, DC – Today, President Obama nominated Jane Kelly and Gregory Alan Phillips to the United States Court of Appeals.

President Obama said, “Jane Kelly and Gregory Alan Phillips have proven themselves to be not only first-rate legal minds but faithful public servants. It is with full confidence in their ability, integrity, and independence that I nominate them to the bench of the United States Court of Appeals.”

Jane Kelly: Nominee for the United States Court of Appeals for the Eighth Circuit
Jane Kelly has been an Assistant Federal Public Defender in the Northern District of Iowa since 1994, serving as the Supervising Attorney in the Cedar Rapids office since 1999.

Kelly was born and raised in Greencastle, Indiana. She received her B.A. summa cum laude in 1987 from Duke University and her J.D. cum laude in 1991 from Harvard Law School. After graduating from law school, Kelly clerked for the Honorable Donald J. Porter of the United States District Court for the District of South Dakota. Subsequently, she also clerked for the Honorable David R. Hansen on the United States Court of Appeals for the Eighth Circuit. Prior to becoming an Assistant Federal Public Defender, Kelly worked briefly as a visiting instructor at the University of Illinois College of Law. Since joining the Federal Public Defender’s Office, Kelly has argued numerous federal appellate cases, tried 14 cases to verdict in federal court, and argued countless motions. In 2004, she received the John Adams Award from the Iowa Association of Criminal Defense Attorneys, which is given annually to an Iowa attorney who has dedicated his or her career to defending the indigent.

Gregory Alan Phillips: Nominee for the United States Court of Appeals for the Tenth Circuit
Gregory Alan Phillips has served as Wyoming’s Attorney General since March 2011. As Attorney General, he is the chief law enforcement officer of the state and his office represents Wyoming in all criminal appeals and civil suits before state and federal courts.

Phillips grew up in Evanston, Wyoming. He received his B.A. from the University of Wyoming in 1983 and his J.D. with honors from the University of Wyoming College of Law in 1987. After graduating from law school, he served as a law clerk to the Honorable Alan B. Johnson of the United States District Court for the District of Wyoming from 1987 to 1989. In 1989, Phillips joined his father and brother in their general law practice in Evanston, handling a broad range of civil matters. From 1993 to 1999, he also represented Uinta County in the Wyoming State Senate. Phillips opened the law firm Mead & Phillips in 1998, where he handled a wide variety of civil litigation and prosecuted Medicaid reimbursement claims on behalf of Wyoming. In 2003, he joined the United States Attorney’s Office for the District of Wyoming and handled criminal prosecutions and appeals on behalf of the government. As an Assistant United States Attorney, Phillips argued nineteen cases before the United States Court of Appeals for the Tenth Circuit. He continued to serve in the United States Attorney’s Office until he was selected to serve as Attorney General by current Wyoming Governor Matthew Mead.

Tenth Circuit Affirms Dismissal of Gambling Addict’s Complaint against Muscogee

Matthew L.M. Fletcher2 Comments

Here are the materials in Santana v. Muscogee (Creek) Nation:

Santana Brief

Muscogee Brief

CA10 unpublished opinion

Lower court materials here.

Opening Briefs in Broken Arrow Casino Appeal — UPDATED with Complete Briefing (3/4/13)

Matthew L.M. Fletcher4 Comments

Here are the Tenth Circuit briefs so far in State of Oklahoma v. Hobia:

Kialegee Tribal Town Brief

Brief Amicus Curiae State of NM (filed 1-25-13) (W1843673)

State of Michigan Amicus Brief

Filed Brief of the Appellee (1-25-13) (W1843503)

Kialegee Reply Brief

Lower court materials here.

Tenth Circuit Affirms Dismissal of ICRA Habeas Petition for Failure to Exhaust Tribal Remedies

Matthew L.M. Fletcher2 Comments

Here are the materials in Valenzuela v. Silversmith, arising out of the Tohono O’odham Nation courts:

CA10 Opinion

Valenzuela Opening Brief

TON Answer Brief

Warden Answer Brief

Valenzuela Reply Brief

An excerpt:

Alvin Valenzuela, an enrolled member of the Tohono O’odham Nation (the “Nation”), through counsel, filed a petition for writ of habeas corpus pursuant to 25 U.S.C. § 1303 seeking relief from tribal court convictions and his sentence. While Mr. Valenzuela’s petition was pending in federal district court, he completed his sentence and was released from prison. The district court concluded that Mr. Valenzuela’s claims were moot because of his release. Alternatively, it concluded that Mr. Valenzuela had failed to exhaust his tribal remedies before seeking habeas relief in federal court. Based on these alternative grounds, the district court dismissed Mr. Valenzuela’s § 1303 petition. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm on the ground that Mr. Valenzuela failed to exhaust his tribal court remedies and remand for the district court to dismiss his § 1303 petition without prejudice.