Red Lake Nation News - Babaamaajimowinan (Telling of news in different places)

Breaking: Scotus Overturns Ninth Circuit, Upholds Tribal Court Convictions


In a historic victory for tribal jurisprudence, the United States Supreme Court today ruled that prior uncounseled tribal court convictions used in subsequent criminal cases does not violate the Constitution when the proceedings were in compliance with the Indian Civil Rights Act. The unanimous decision in U.S. v. Bryant, which was delivered by Justice Ruth Bader Ginsburg, reversed a Ninth Circuit Court decision which held that using uncounseled tribal court convictions was “unconstitutionally impermissible.”

In plain English, today’s decision makes it possible for federal prosecutors to establish “habitual offender” status in domestic violence cases for enhanced sentencing under federal statute.



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