United States v. Bryant

Very interesting essay, frankly acknowledging the limitations of both the Constitution to govern and the Supreme Court to decide matters involving Indian country.

From the Atlantic, here is “Can the Constitution Govern America’s Sprawling Empire?”

SCOTUS Grants Cert in United States v. Bryant

December 14, 2015Matthew L.M. Fletcher

Here is today’s order list.

Cert stage briefs are here.

United States v. Bryant Cert Stage Briefs

November 25, 2015Matthew L.M. Fletcher1 Comment

Here:

Cert Petition

NCAI Amicus Brief in Support

Opposition Brief

US Cert Stage Reply

Lower court materials here (en banc), and here (panel).

NCAI Amicus Brief in United States v. Bryant

November 13, 2015Sarah M Donnelly

Brief in Support of Petitioner here.

U.S. cert petition previously posted here.

United States v. Bryant Cert Petition — Federal Habitual Offender Statute and Uncounseled Tribal Court Convictions

October 7, 2015October 7, 2015Matthew L.M. Fletcher1 Comment

Here is the petition:

Cert Petition

Question presented:

Section 117(a) of Title 18, United States Code, makes it a federal crime for any person to “commit[] a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country” if the person “has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for” enumerated domestic-violence offenses. 18 U.S.C. 117(a).

The question presented is whether reliance on valid uncounseled tribal-court misdemeanor convictions to prove Section 117(a)’s predicate-offense element violates the Constitution.

Lower court materials here (en banc) and here (panel).