NACDL - United States v. Bryant

United States v. Bryant

Brief Amici Curiae of the National Association of Criminal Defense Lawyers and Experienced Tribal Court Criminal Litigators in Support of Respondent.

Brief filed: 03/14/2016

Documents

United States v. Bryant

United States Supreme Court; Case No. 15-420

Prior Decision

Decision below 792 F.3d 1042 (9th Cir. July 6, 2015).

Argument

The Indian Civil Rights Act was enacted to address pervasive violations of civil rights by Indian tribal courts. The Indian Civil Rights Act has failed to meaningfully extend Bill of Rights protections to tribal court criminal defendants – lack of counsel, lack of accessible and reliable codes and rules, lack of law-trained judges, lack of judicial independence, lack of resources, modification or outright rejection of ICRA rights by tribal courts, ineffectiveness of habeas corpus remedy. 

Author(s)

Daniel L. Kaplan, Assistant Federal Public Defender, Phoenix, AZ; Barbara E. Bergman, UNM School of Law, Albuquerque, NM.