No. 19-5744

Johnny Ellery Smith v. United States

Lower Court: Ninth Circuit
Docketed: 2019-08-30
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: assimilative-crimes-act criminal-procedure criminal-prosecution federal-jurisdiction indian-country indian-law major-crimes-act state-law tribal-sovereignty
Key Terms:
Patent Privacy JusticiabilityDoctri
Latest Conference: 2019-10-11
Question Presented (from Petition)

Did the federal government's prosecution of an Indian for violation of state law in Indian country violate federal statutes and tribal sovereignty retained by Treaty because neither the Assimilative Crimes Act nor any other federal statute includes an explicit congressional statement defining the Warm Springs Reservation, or any other Indian country, as a federal enclave or otherwise subjecting Indian country to federal criminal jurisdiction for prosecution of a state offense not specifically covered by the federal criminal code?

Question Presented (AI Summary)

Did the federal government's prosecution of an Indian for violation of state law in Indian country violate federal statutes and tribal sovereignty retained by Treaty because neither the Assimilative Crimes Act nor any other federal statute includes an explicit congressional statement defining the Warm Springs Reservation, or any other Indian country, as a federal enclave or otherwise subjecting Indian country to federal criminal jurisdiction for prosecution of a state offense not specifically covered by the federal criminal code?

Docket Entries

2019-10-15
Petition DENIED.
2019-09-19
DISTRIBUTED for Conference of 10/11/2019.
2019-09-13
Waiver of right of respondent United States of America to respond filed.
2019-08-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 30, 2019)

Attorneys

Johnny Smith
Stephen Reese SadyFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent