Tenth Circuit

Tenth Circuit Affirms Criminal Sentence for Crime that Occurred on Acoma Pueblo

Matthew L.M. Fletcher

Here is the opinion in United States v. Benally.

Tenth Circuit Dismisses Non-Indian Habeas Petition Inspired by McGirt

Matthew L.M. Fletcher

Here is the order in Woods v. Nunn:

Unpublished Opinion

Denezpi v. United States Background Materials

Matthew L.M. Fletcher

Merits Stage Materials

denezpi merits brief.pdfDownload

National Association of Criminal Defense Lawyers Amicus Brief

US Brief

NIWRC & NCAI Amicus Brief

Scholars Amicus Brief

States Amicus Brief

Tribal Governments Amicus Brief

Cert Stage Materials

Cert Petition

Appendix

United States’ Brief in Opposition

Tenth Circuit Materials

United States v Denezpi Tenth Circuit Opinion

Denezpi Opening Brief

US Answer Brief

Reply Brief

District Court Materials

1 Indictment

1-1 Criminal Information Sheet

14 DCT Detention Order

29 Denezpi Motion to Dismiss

29-1 CFR Pleadings

30 US Response

31 Reply

31-1 CFR Court Forms

32 DCT Order Denying Motion to Dismiss on Double Jeopardy Grounds

Tenth Circuit Briefs in Crow Tribe v. Repsis

Matthew L.M. Fletcher

Ok, so it’s just one brief so far….

Here:

Opening Brief

State Response Brief

Reply

Lower court materials here.

Federal Court Declines (again) to Apply Equitable Defenses re: Osage Mineral Council

Matthew L.M. Fletcher

Here are updated materials in United States v. Osage Wind LLC (N.D. Okla.):

219 Amended DCT Order

229 Motion for Reconsideration

234 Osage Wind Response

235 US Response

244 Reply to Osage Wind

245 Reply to US

264 DCT Order Denying Reconsideration

Prior post here.

Tenth Circuit Orders Tribal Court Exhaustion in Ute Dispute with Former Contractor

Matthew L.M. Fletcher

Here is the opinion in Becker v. Ute Indian Tribe.

Briefs:

Ute Opening Brief

Becker Brief

Lawrence Brief

Ute Reply

Lower court order here:

136 DCT Order in 16-579

Briefs in a related appeal, No. 18-4013, are here:

Ute Opening Brief 18-4013

Lawrence Brief 18-4013

Becker Brief 18-4013

Other posts on these matters here.

Tenth Circuit Rules in Quiet Title Act over 1906 Indian Land Grant

Matthew L.M. Fletcher

Here are the appellate materials in Bedford v. Nowlin (10th Cir.):

Unpublished opinion

Opening Brief

Answer Brief

Reply

DCT Order

Native Prisoners Win Religious Freedom Case in Tenth Circuit

Matthew L.M. Fletcher

Here is the opinion in Williams v. Hansen.

Denezpi v. United States — Cert Petition re: CFR Courts as Federal Courts

Matthew L.M. Fletcher

Here is the petition and appendix:

Cert Petition

Appendix

Lower court materials here.

Question presented:

Is the Court of Indian Offenses of Ute Mountain Ute Agency a federal agency such that Merle Denezpi’s conviction in that court barred his subsequent prosecution in a United States District Court for a crime arising out of the same incident?

Update:

Federal Opposition Brief

Tenth Circuit Affirms Sentence for Major Crimes Act Conviction Arising at Navajo

Matthew L.M. Fletcher

Here is the opinion in United States v. Martinez.