--- Am. Tribal Law ----, 2023 WL 9958224 (Fort Peck C.A.)
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Fort Peck Court of Appeals.
 
FORT PECK TRIBES, Plaintiff-Appellee
v.
Sierra JACKSON, Defendant-Appellant Raven Lane, Petitioner for Writ of Habeas Corpus
CASE NOS. AP # 861, 862
|
December 27, 2023

Appeal from the Fort Peck Tribal Court, Imogene Lilley, Presiding Judge.

Before Chief Judge Shanley and Associate Judges Jones and Grijalva.

 

ORDER DENYING RECONSIDERATION

After this Court dismissed without prejudice the notices of appeal and habeas petitions filed for these two Defendants presently charged with criminal offenses in the Tribal Court, their attorney has moved this Court for reconsideration claiming that the Tribal Court Judge has already made a definitive determination of their “Indian status” and thus requiring them to proceed to trial on the matter would be an exercise in futility. This Court denies the motion for reconsideration. As indicated in this Court’s prior order, the issue of whether a Defendant is “Indian” is a factual predicate that must be proven by the Tribes beyond a reasonable doubt at trial. The Court’s decision that a Defendant is an “Indian” prior to trial is merely a probable cause finding and not a legal determination that is binding on the trier of fact at trial. Asking this Court to intervene before trial on a factual issue would be equivalent to the Court acquitting or convicting a Defendant before trial. The Tribal Court Judge hearing these two cases must determine that they are Indian beyond a reasonable doubt to consider convicting them of criminal offenses. This Court cannot review that determination, except in very limited circumstances where it clear that probable cause is lacking to prove their Indian status, prior to trial. This Court held in the prior order denying appeal that sufficient evidence exists to satisfy the probable cause threshold.

WHEREFORE it is hereby

ORDERED, ADJUDGED AND DECREED that the motion for reconsideration is hereby DENIED.

SO ORDERED this 27th day of November 2023.

All Citations
--- Am. Tribal Law ----, 2023 WL 9958224