Shavanaux Brief in Appeal of Dismissal of Federal Indictment Using Uncounseled Prior Tribal Court Convictions

Important case to watch. The appellant brief and lower court materials are posted here.

The appellee’s brief: Shavanaux Appellee Brief.

My own short article on this question is here.

U.S. v. Shavanaux — Government’s Brief on Appeal Where Indictment Dismissed Based on Reliance on Tribal Court Convictions

Interesting, and a case to watch. The government is attempting to prove a recidivist element of the crime (domestic violence) through use of two or more uncounseled tribal court convictions. Lower court materials here.

Here is the opening brief: US Appellant Brief in Shavanaux.

Federal Court Dismisses Indian Country Indictment for Reliance Upon Uncounseled Tribal Court Convictions

Here are the materials in United States v. Shavanaux (D. Utah):

DCT Order Dismissing Shavanaux Indictment

Shavanaux Motion to Dismiss

Government Opposition to Shavanaux Motion to Dismiss

Shavanaux Reply