US Supreme Court to decide whether tribal convictions count

[Omaha Steve]

Source: AP

By DAVE KOLPACK

FARGO, N.D. (AP) — The U.S. Supreme Court says it will decide whether a person with multiple domestic violence convictions in tribal court should be subject to harsher punishments for habitual offenders.

The appeal stems from a 9th U.S. Circuit Court of Appeals ruling from a Montana case that was contrary to separate circuit court decisions on cases in North Dakota and Utah. The 9th Circuit threw out Northern Cheyenne Tribal Court convictions against Michael Bryant Jr. because Bryant did not have a lawyer. The judges said the lack of legal counsel violated the Sixth Amendment of the U.S. Constitution.

The 9th Circuit ruling went against decisions by the 8th Circuit in the case of Roman Cavanaugh Jr., an enrolled member of the Standing Rock Indian Reservation in North Dakota, and the 10th Circuit in the case Adam Shavanaux, a member of the Ute tribe in Utah.

Tribal courts generally provide for a maximum sentence of a year in jail on domestic violence convictions, mainly because the tribal system is not required to provide public defenders and could not pay for them if they were mandatory. Federal court allows for more severe punishment, but authorities must show a defendant is a habitual domestic offender or that a gun was involved in the crime.

FULL story at link.

Read more: http://bigstory.ap.org/article/e5844b8326ed45af8beca40488d3aca5/us-supreme-court-decide-whether-tribal-convictions-count

[jwirr]

1. I hope that the court finds in favor of the stricter punishment.

I have seen the violence on too many reservations. It is time that women are given the respect and protection they deserve. Had a young friend killed many years ago. Enough.

[happyslug]

2. Here are the prior decision in this case:

Here is the decision of the 9th Circuit being appealed:

http://cdn.ca9.uscourts.gov/datastore/opinions/2014/09/30/12-30177.pdf

Supreme Court Docket on the above case:

http://www.supremecourt.gov/search.aspx?filename=/docketfiles/15-420.htm

Here is the Petition for the Court to take this case:

http://www.justice.gov/sites/default/files/osg/briefs/2015/10/19/united_states_v_bryant_petition.pdf

Here is the brief in OPPOSITION to the Court taking this case:

https://turtletalk.files.wordpress.com/2015/11/opposition-brief.pdf

Here is the reply brief to the above opposition brief:

http://www.justice.gov/sites/default/files/osg/briefs/2015/12/01/15-420_rb_united_states_v._bryant.pdf

Here is the 8th Circuit Case:

http://media.ca8.uscourts.gov/opndir/11/07/101154P.pdf