•  
  •  
 

Article Title

United States v. Bryant

Case Summary Citation

United States v. Bryant, 136 U.S. 1954, (June 13, 2016).

Abstract

The epidemic of domestic violence committed against Native American women and the jurisdictional maze these women are forced to navigate for justice is an unfortunate reality created by gaps in laws between sovereigns. In an effort to curb this violence, the 2005 reauthorization of the Violence Against Women Act enacted 18 U.S.C. § 117(a), the habitual offender provision. The Ninth Circuit’s ruling in favor of the Sixth Amendment over the unreliability of uncounseled tribal court convictions created a circuit split, thus the United States Supreme Court granted certiorari for resolution. The Court held that when tribal court convictions occur in proceedings that comply with ICRA, and thus are “valid when entered, use of those convictions as predicate offenses in a § 117(a) prosecution does not violate the Constitution.”

Included in

Law Commons

Share

COinS
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.