Here is the opinion in United States v. Benally.
Tenth Circuit Affirms Criminal Sentence for Crime that Occurred on Acoma Pueblo
Here is the opinion in United States v. Benally.
United States v. Benally
Ninth Circuit Reverses Major Crimes Act Conviction for Crime Arising on Navajo
Here is the opinion in United States v. Benally.
An excerpt:
Joe Arviso Benally appeals a jury conviction for involuntary manslaughter under 18 U.S.C. §§ 1112 and 1153 and for using a firearm in connection with a “crime of violence” under 18 U.S.C. § 924(c). In a separate unpublished memorandum disposition, we address Benally’s challenge to the trial proceedings and sentence. In this opinion, we address whether involuntary manslaughter can be considered a “crime of violence” under § 924(c). We hold that involuntary manslaughter is not a “crime of violence” and reverse the § 924(c) count of conviction.
U.S. v. Benally — CA10 Reinstates Conviction after Juror Alleged Racial Bias against Indian
In United States v. Benally, the Tenth Circuit reinstated a federal criminal conviction for assaulting a BIA officer against a Ute Mountain Ute tribal member. An excerpt:
On October 10, 2007, a jury convicted Kerry Dean Benally of forcibly assaulting a Bureau of Indian Affairs officer with a dangerous weapon, inviolation of 18 U.S.C. § 111(b). The next day one of the jurors came forward with a charge that the jury deliberations had been tainted by racial bias and other inappropriate considerations. The district court held that Federal Rule of Evidence 606(b)’s general rule against jurors testifying about jury deliberations did not apply and that the evidence of juror misconduct was sufficient to warrant a new trial. We disagree. Rule 606(b)’s prohibition covers juror testimony of racial bias in jury deliberations of the kind alleged in Mr. Benally’s trial, and the Sixth Amendment does not require an exception. The original conviction is reinstated.
United States v. Benally Materials
As reported by Indianz, a Navajo man will get a new criminal trial in federal court because of improper statements made by jurors about American Indians. Here are the materials:
Turtle Talk 