Justia Native American Law Opinion Summaries

A member of the Te-Moak Tribe of Western Shoshone Indians allegedly sold fentanyl to a non-tribal member while on tribal land within Nevada. After the transaction, the buyer left tribal territory and subsequently died in nontribal state territory from an overdose of the fentanyl, combined with methamphetamine. The State charged the tribal member with second-degree murder caused by a controlled substance, based on the sale leading to the buyer’s death.The Fourth Judicial District Court, Elko County, granted the defendant’s motion to dismiss the charge, agreeing with his argument that the federal Major Crimes Act preempted Nevada’s jurisdiction. The district court reasoned that the only alleged criminal act—the drug sale—occurred entirely within tribal land, and thus Nevada could not prosecute the offense.On appeal, the Supreme Court of the State of Nevada considered whether the State had jurisdiction to prosecute a crime that began in Indian country but was completed in nontribal state territory. The Supreme Court held that Nevada has jurisdiction over crimes consummated within its boundaries, pursuant to NRS 171.015. The court determined that the charged offense was not complete until the victim died, and because death occurred in nontribal state territory, the crime was interterritorial and consummated within Nevada. The court further held that the Major Crimes Act, 18 U.S.C. § 1153(a), does not preempt Nevada’s jurisdiction over crimes that occur partially in Indian country and partially in nontribal territory. Therefore, the Supreme Court of Nevada reversed the district court’s order of dismissal and remanded the case for further proceedings. View "STATE VS SALAZAR" on Justia Law

Bailey Belt and Theodora Belt were charged under the Major Crimes Act for assaulting and murdering Elijah Morrison on the Cheyenne River Sioux Indian Reservation. On the night in question, an argument between the parties escalated into violence, culminating in Elijah being beaten and run over by a car. Surveillance footage from a nearby residence captured portions of the incident, but the video contained gaps. Key physical evidence included Elijah’s blood on Theodora’s car and a DNA mixture on the car’s windshield.The case was tried before the United States District Court for the District of South Dakota. At trial, the government introduced the surveillance footage despite defense objections regarding its authenticity, particularly because the camera owner was deceased and could not testify about the gaps in the video. The jury convicted both Bailey and Theodora. At sentencing, the district court applied a “vulnerable victim” enhancement, finding Elijah was especially susceptible to harm at the time he was run over.Bailey and Theodora appealed to the United States Court of Appeals for the Eighth Circuit, challenging the admission of the surveillance footage and, in Bailey’s case, the application of the vulnerable victim sentencing enhancement. The Eighth Circuit found that the district court did not abuse its discretion in admitting the surveillance footage, concluding that the government met the low bar for authentication based on the totality of the circumstances and corroborating evidence. The court further held that the vulnerable victim enhancement was properly applied, as Elijah became unusually vulnerable during the course of the offense, and this vulnerability was not a factor already incorporated in the relevant sentencing guideline. The Eighth Circuit affirmed the district court’s judgment. View "United States v. Belt" on Justia Law

The case concerns a defendant who, as a member of the Osage Nation, was previously convicted in Oklahoma state courts of several offenses, all committed in areas recognized as Indian country. In 2013, she was convicted of driving under the influence in Washington County. She was subsequently convicted in Mayes County in 2016 for possessing methamphetamine and a firearm, and again in Tulsa County in 2016 for possession of controlled substances and paraphernalia, as well as impersonation. In each proceeding, she was represented by counsel. Later, she was indicted in federal court for conspiracy to distribute controlled substances after a DEA investigation, pleaded guilty, and was sentenced.Prior to this appeal, the United States District Court for the Northern District of Oklahoma calculated her advisory Sentencing Guidelines range by including her three prior state convictions in her Criminal History Category. The defendant objected, arguing that the state courts lacked subject matter jurisdiction over her because she is Native American and the offenses occurred in Indian country. The district court overruled her objection, noting the convictions had not been vacated or reversed by any Oklahoma court and were not obtained in violation of her right to counsel. The district court ultimately sentenced her after applying a downward variance.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed whether the district court erred in including the prior state convictions in the Criminal History calculation. The Tenth Circuit held that, under federal law and United States Sentencing Guidelines, prior state convictions must be counted unless they have been vacated, reversed, or were obtained in violation of the right to counsel. The court found no exception for convictions alleged to be void for lack of subject matter jurisdiction, absent their invalidation by the convicting court. The Tenth Circuit affirmed the district court’s judgment. View "United States v. Campbell" on Justia Law

Oscar Hudspeth, a member of the Oglala Sioux Tribe, was convicted by a jury of two sex abuse offenses involving his young stepdaughter, D.J., which occurred when she was between five and seven years old and living in his home. The prosecution’s evidence included D.J.’s testimony about the abuse and statements Hudspeth made during a post-polygraph interview with an FBI agent, where he admitted to inappropriate touching. Prior to trial, both parties agreed to exclude any reference to the polygraph test from evidence, and the district court admitted a redacted version of the interview transcript omitting mention of the polygraph.In the United States District Court for the District of South Dakota, Hudspeth moved to either exclude the entire interview or, alternatively, to ensure all polygraph references were redacted. When it became clear that a redacted version would be admitted, Hudspeth changed his position, seeking to admit the entire interview, including polygraph references, to provide context for his admissions. The district court admitted the redacted interview and excluded polygraph references, noting that Hudspeth had earlier agreed to the exclusion. Hudspeth was ultimately found guilty and sentenced to the mandatory minimum term.On appeal, the United States Court of Appeals for the Eighth Circuit reviewed whether excluding polygraph references violated Hudspeth’s constitutional right to present a complete defense. The court held that the exclusion did not violate his constitutional rights or constitute an abuse of discretion. It found that polygraph evidence is generally unreliable and disfavored, and that the exclusion was neither arbitrary nor disproportionate. The court concluded that even if there was error, it was harmless beyond a reasonable doubt due to the strength of the prosecution’s case. The Eighth Circuit affirmed the district court’s judgment. View "United States v. Hudspeth" on Justia Law

Between 2017 and 2021, a man sexually abused a minor, the daughter of his girlfriend, in various locations within Indian country in Oklahoma. The abuse came to light after the victim reported it to a school counselor, triggering investigations by state, tribal, and federal authorities. The locations of the abuse included areas within the Cherokee and Muscogee (Creek) Reservations.Initially, the State of Oklahoma charged the defendant in state court as a non-Indian, and the Cherokee Nation filed charges against him in tribal court as an Indian for the same conduct. The defendant sought dismissal of the state prosecution, claiming Indian status, and, in the tribal prosecution, claimed he was not an Indian. Subsequently, a federal grand jury indicted him on four counts: two under 18 U.S.C. § 1152 (as a non-Indian defendant with an Indian victim), and two under 18 U.S.C. § 1153 (as an Indian defendant). The defendant moved to dismiss the indictment as multiplicitous or to require the government to elect the theory of prosecution. The United States District Court for the Northern District of Oklahoma denied these motions and allowed the case to proceed to trial, instructing the jury to convict under only one statutory regime, not both.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that there was sufficient evidence for a rational jury to find beyond a reasonable doubt that the victim was an Indian and that the defendant was a non-Indian at the time of the offenses. The court also held that the district court did not abuse its discretion by permitting alternative charges to go to the jury, so long as the instructions prevented multiplicitous convictions. The court affirmed the defendant’s convictions. View "United States v. King" on Justia Law

An individual was convicted by a jury in Charles Mix County, South Dakota, for failing to appear at a pretrial conference in a pending felony case. In a separate incident, he pleaded guilty to simple assault following an altercation with another inmate at the county jail. He appealed both convictions, raising jurisdictional arguments based on his status as an enrolled member of the Yankton Sioux Tribe. He contended that both the courthouse and the jail are located in Indian country, thus depriving the state court of jurisdiction. He also challenged the denial of his motion to dismiss under the 180-day rule, the admission of certain evidence, and the denial of his motion for judgment of acquittal in the failure to appear case.The First Judicial Circuit Court denied his motions to dismiss, finding that neither the courthouse nor the jail was located in Indian country as defined by federal law. The court attributed most of the pretrial delay to the defendant’s own actions, such as refusing to participate in proceedings and to communicate with counsel, and determined the 180-day period for trial had not expired. The court also admitted evidence over his objections, including a bond form and testimony by his prior attorney, and allowed a jury to decide the failure to appear charge.The Supreme Court of the State of South Dakota reviewed both appeals together. It held that the land in question does not qualify as Indian country under 18 U.S.C. § 1151(a)-(c), reaffirming precedent that previously allotted lands that have passed into non-Indian ownership are not Indian country. The court declined to overrule its earlier decision in Bruguier v. Class. It further held that the 180-day rule was not violated, the challenged evidence was properly admitted, and sufficient evidence supported the jury’s verdict. The Supreme Court of South Dakota affirmed both convictions. View "State v. Winckler" on Justia Law

The petitioner was convicted in Oklahoma state court of several serious crimes, including first-degree rape of a child under fourteen, forcible sodomy, lewd or indecent acts to a minor, rape by instrumentation, and commission of a lewd act in front of a minor. He asserted membership in the Kickapoo Tribe and claimed the crimes occurred in Indian country, which would affect the state court’s jurisdiction. The specific area in question was formerly part of the Citizen Potawatomi reservation.After conviction, the petitioner challenged the state court’s jurisdiction in the Oklahoma state courts, raising various arguments about the land’s status. He also brought claims of ineffective assistance of counsel, denial of due process, and violations of federal law. The Oklahoma Court of Criminal Appeals rejected his jurisdictional arguments and other claims. He then sought habeas relief in the United States District Court for the Western District of Oklahoma.The United States Court of Appeals for the Tenth Circuit reviewed the case. It held that Congress had clearly disestablished the Citizen Potawatomi reservation in 1891, citing statutory language and Supreme Court precedent. The court found that the petitioner had waived arguments regarding the land as a dependent Indian community or an Indian allotment by failing to properly preserve those claims. Additionally, the court determined that the petitioner’s other claims (including those alleging violations of the Indian Child Welfare Act, ineffective assistance, improper questioning, and due process violations) were procedurally barred as they had not been properly exhausted in state court and did not meet the requirements for overcoming an anticipatory procedural bar. The Tenth Circuit affirmed the district court’s denial of habeas relief. View "Wahpekeche v. Pettigrew" on Justia Law

Three individuals were involved in a conspiracy to rob a marijuana dealer at his home on the Big Cypress Seminole Indian Reservation. During the attempted robbery, a bystander was shot and killed, and the perpetrators fled without obtaining money or drugs. One of the defendants later discussed the crime with a third party, who reported the information to law enforcement and recorded a conversation, further implicating the participants. Additional evidence, including surveillance footage, cell site records, and ballistics, corroborated the involvement of the defendants.The United States District Court for the Middle District of Florida heard the case. One defendant moved to dismiss the indictment, arguing that because both he and the victim were enrolled members of Indian tribes and the offense occurred in Indian country, and since the charged crimes were not listed in the Major Crimes Act, the court lacked jurisdiction. The district court disagreed and denied the motion, allowing the prosecution to proceed. During trial, another defendant objected to the admission of prior convictions without an explicit balancing of probative value and prejudicial effect. The court admitted the evidence without making such a finding. The jury ultimately found the defendants guilty on various counts, and the defendants appealed.The United States Court of Appeals for the Eleventh Circuit reviewed the case. It held that federal courts possess jurisdiction over generally applicable federal crimes, such as Hobbs Act robbery, even when committed by an Indian against another Indian in Indian country. The court also found that the district court erred by not conducting an on-the-record balancing before admitting evidence of prior convictions, but deemed this error harmless given the strength of the government’s case. The convictions of all three defendants were affirmed. View "USA v. Brice" on Justia Law

In 2002, an individual disappeared from her home in Ada, Oklahoma, and her ex-boyfriend quickly became a suspect. Evidence implicating him included his presence at her home, strange phone calls to her family, and physical injuries. Law enforcement discovered blood in his car and house, and, after consulting with his attorney, he led officers to the woman’s body, which was buried and showed signs of gunshot wounds. He subsequently pleaded guilty to murder in Oklahoma state court and was sentenced to life without parole.Many years later, following the Supreme Court’s ruling in McGirt v. Oklahoma, which clarified that certain areas in Oklahoma are Indian country and subject to federal—not state—jurisdiction for major crimes involving Native Americans, the state court vacated his conviction. As a member of a federally recognized tribe and with the crime occurring within the Chickasaw Nation Reservation, only the federal government could prosecute him. A federal grand jury indicted him for murder in Indian country and for causing death while violating federal firearm statutes. The United States District Court for the Eastern District of Oklahoma dismissed one firearm count as time-barred, and a jury convicted him on the remaining counts.On appeal, the United States Court of Appeals for the Tenth Circuit considered three main arguments: (1) alleged failures in the jury selection process under the Jury Selection and Service Act, (2) denial of a motion to suppress statements about the location of the victim’s body, and (3) denial of a motion to compel disclosure of communications between the government and former defense counsel. The Tenth Circuit held that the defendant failed to comply with the procedural requirements for challenging jury selection, that Rule 410 of the Federal Rules of Evidence did not apply to his statements to law enforcement, and that any error in denying document disclosure was harmless. The convictions were affirmed. View "United States v. Mullins" on Justia Law

Two cousins alleged that the defendant lured them into his trailer with candy and sexually abused them when they were young children. As a result, he was charged with two counts of engaging in a sexual act with a minor under twelve years old, allegedly occurring on the Jicarilla Apache Reservation. The indictment specified that the victims were Indian and that the defendant was a non-Indian, as required for federal jurisdiction under the applicable statutes.The United States District Court for the District of New Mexico presided over the trial. The government sought to prove the defendant’s non-Indian status primarily through the testimony of two law enforcement witnesses, who based their conclusions on reviews of various databases and documents. No direct genealogical or enrollment evidence was introduced. At the close of the government’s case, the defendant moved for acquittal under Rule 29, arguing that the government had failed to prove his non-Indian status. The district court denied the motion, relying on the witnesses’ testimonies. The jury convicted the defendant on one count, and he was sentenced to thirty years in prison.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed whether the government had presented sufficient evidence that the defendant was a non-Indian. Applying de novo review, the court found that the government’s evidence was inadequate to establish non-Indian status beyond a reasonable doubt, as required by circuit precedent. The court held that, because non-Indian status is an essential element of the charged crime under 18 U.S.C. § 1152 in the Tenth Circuit, the conviction could not stand without such proof. Accordingly, the Tenth Circuit vacated the conviction and remanded the case for further proceedings. View "United States v. Ruiz" on Justia Law