In February of 2014, a grand jury returned an indictment charging William Kirkaldie with domestic abuse by a habitual offender under 18 U.S.C. § 117(a), a federal statute enacted to promote safety for Native American women. Congress enacted Section 117 to address the issue of assault in “Indian Country” by attaching “a federal penalty to the commission of a domestic assault when the actor has had at least two prior, similar convictions in another jurisdiction.” The prior convictions can arise from state, federal, or tribal court. Kirkaldie pled guilty to two prior charges of domestic violence in tribal court without an attorney, and had served jail time as part of these prior convictions. In granting the defendant’s motion to dismiss the in...
The United States Court of Appeals for the Second Circuit affirmed dismissal of three consolidated a...
The thesis of this article is that by examining Federal Indian Law one better understands that the A...
The decision in Duro v. Reina needlessly creates a jurisdictional gap over nonmember Indians committ...
In February of 2014, a grand jury returned an indictment charging William Kirkaldie with domestic ab...
State and federal courts increasingly are being confronted with prosecutors moving the court to cons...
Concerns about the reliability of criminal justice systems in foreign countries have resulted in une...
The epidemic of domestic violence committed against Native American women and the jurisdictional maz...
“If you cannot afford an attorney, one will be appointed for you.” Since Miranda v. Arizona, that po...
State and federal courts increasingly are being confronted with prosecutors moving the court to cons...
Indian tribes in the United States are separate sovereigns with inherent self-governing authority. A...
Since the U.S. Sentencing Commission first enacted the federal Sentencing Guidelines, the Guidelines...
On July 6, 2011, in United States v. Cavanaugh, the U.S. Court of Appeals for the Eighth Circuit hel...
If tribal courts provided competent counsel to indigent Indian defendants, Creel said, Then I would...
A defendant in state and federal courts is entitled to a constitutional protection against self-incr...
A summary judgment decision is ordinarily not casenote material. But the denial of summary judgment ...
The United States Court of Appeals for the Second Circuit affirmed dismissal of three consolidated a...
The thesis of this article is that by examining Federal Indian Law one better understands that the A...
The decision in Duro v. Reina needlessly creates a jurisdictional gap over nonmember Indians committ...
In February of 2014, a grand jury returned an indictment charging William Kirkaldie with domestic ab...
State and federal courts increasingly are being confronted with prosecutors moving the court to cons...
Concerns about the reliability of criminal justice systems in foreign countries have resulted in une...
The epidemic of domestic violence committed against Native American women and the jurisdictional maz...
“If you cannot afford an attorney, one will be appointed for you.” Since Miranda v. Arizona, that po...
State and federal courts increasingly are being confronted with prosecutors moving the court to cons...
Indian tribes in the United States are separate sovereigns with inherent self-governing authority. A...
Since the U.S. Sentencing Commission first enacted the federal Sentencing Guidelines, the Guidelines...
On July 6, 2011, in United States v. Cavanaugh, the U.S. Court of Appeals for the Eighth Circuit hel...
If tribal courts provided competent counsel to indigent Indian defendants, Creel said, Then I would...
A defendant in state and federal courts is entitled to a constitutional protection against self-incr...
A summary judgment decision is ordinarily not casenote material. But the denial of summary judgment ...
The United States Court of Appeals for the Second Circuit affirmed dismissal of three consolidated a...
The thesis of this article is that by examining Federal Indian Law one better understands that the A...
The decision in Duro v. Reina needlessly creates a jurisdictional gap over nonmember Indians committ...