Tag: SCOTUS

SCOTUS Rules in U.S. v. Bryant

June 15, 2016

A decision in U.S. v. Bryant was released Monday. The case raises the question of whether a provision in the Violence Against Women Act, which allows tribal court convictions to be considered when determining repeat offender status for the purposes of sentencing, is a violation of the Sixth Amendment. The Sixth Amendment guarantees indigent defendants… Read More >

Supreme Court Discusses the Source of Sovereignty

June 9, 2016

In majority and dissenting opinions regarding Puerto Rico and double jeopardy, the Supreme Court headed down the road to defining the source of Tribal sovereignty. Is it inherent or is it bestowed by Congress? An Indian law crisis was averted, as the justices landed on inherent, but it’s interesting to read their reasoning on the… Read More >

SCOTUS to Hear Oral Arguments in US v. Bryant

April 13, 2016

Next Tuesday, the Supreme Court will hear oral arguments in U.S. v. Bryant. The court will be asked to determine if domestic violence convictions in tribal court for a defendant who was not represented by counsel should count in determining repeat offender status when sentencing in state courts. Here is an analysis of the case… Read More >

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