United States v. Denezpi

SCOTUS Affirms in Denezpi v. United States

Matthew L.M. Fletcher

Here is the opinion.

Briefs and other materials here.

Hawaiian ghost flower

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

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 Confirms Criminal Convictions in Courts of Indian Offenses are Not Federal Convictions for Double Jeopardy Purposes

Matthew L.M. Fletcher

Here are the materials in United States v. Denezpi:

CA10 Opinion

Denezpi Opening Brief

US Answer Brief

Reply Brief

DCT Order Denying Motion to Dismiss