Court revises test on determining Native American status
Court News | 2015/07/09 20:06
Attorneys in federal cases stemming from crimes on American Indian reservations have new guidance on what's needed to prove a defendant is Indian.

Federal authorities have jurisdiction over major crimes on tribal land when the victim, suspect or both are American Indian. A two-part test determines who is Indian.

The 9th U.S. Circuit Court of Appeals revised the first part of that test in an opinion Tuesday — no longer requiring that the degree of Indian blood be traced to a federally recognized tribe — and restored an Arizona man's 90-year sentence on assault and firearms charges.

The court said evidence at trial was enough to find Damien Zepeda is American Indian. Zepeda, an enrolled member of the Gila River Indian Community, disagreed.

"That's why it was so important to clarify that the proof in this case was sufficient," said Arthur Hellman, a University of Pittsburgh law professor who monitors the 9th Circuit. "This will lay down the rule for future prosecutors."

In 2013, a three-judge panel of the 9th Circuit ruled prosecutors did not prove beyond a reasonable doubt that Zepeda's bloodline of one-quarter Pima and one-quarter Tohono O'odham derived from an American Indian tribe recognized by the U.S. Bureau of Indian Affairs. It reversed all but one of nine convictions and ordered a lower court to resentence him.

[PREV] [1] ..[710][711][712][713][714][715][716][717][718].. [1896] [NEXT]
Headline Legal News
Legal Topics
Legal Business
Attorney News
Court News
Court Watch
Areas of Focus
Legal Interview
Former Trump campaign aide Nunber..
TransCanada doesn't have to pay l..
Court fight over, founding papers..
Romania court nixes law allowing ..
Philippine gov't asks Supreme Cou..
Turkish court rejects request for..
Court: Nike logo of Michael Jorda..
Brazil court largely upholds law ..
High court: Held immigrants can't..
Court: US anti-discrimination law..
Organized labor case goes in fron..
Court leaves black judge on case ..
Delay in Nevada gun buyer law dra..
California parents face new charg..
Pennsylvania congressional map ba..
Supreme Court sides with Chicago ..
Courts: Bail reform working, but ..
Maldives court delays reinstating..
Inmate in landmark Supreme Court ..

Santa Ana Workers' Compensation Lawyers
Fort Washington Employment Law Firm
Attorney Marc E. Weinstein
China trademark registration lawyer
Chicago Truck Drivers Lawyer
Chicago Workers' Comp Attorneys
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
Lorain Elyria Divorce Lawyer
Chicago Business Law Attorney
Corporate Litigation Attorneys
Houston Estate Administration Lawyer
Car Accidents Attorneys
New Rochelle Personal Injury
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
Connecticut Special Education Lawyer
Law Firm Web Design Templates
Lawyer Website Templates
   Legal Resource
Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media.
Copyright © All Rights Reserved. The content contained on the web site has been prepared by Click The Law. as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. By using the you agree to be bound by these Terms & Conditions.

Law Firm Website Design by Lawyer Website Design Blog - Lawyer Web Site Design That Works