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Argument in double-jeopardy case shines spotlight on prosecutorial issues faced by Native tribes
Argument Analysis
Thursday, February 24, 2022
SCOTUSblog
The Supreme Court heard argument on Tuesday in Denezpi v. United States, which examines whether the federal government can bring criminal charges in federal court against a defendant previously found guilty in a Court of Indian Offenses for an offense stemming from the same act.
The defendant, Merle Denezpi, claims the subsequent federal prosecution violates his Fifth Amendment right to be free from double jeopardy. The federal government believes the case falls under the “separate sovereigns” doctrine, which allows dual prosecutions by distinct sovereign entities.
Michael Kimberly, arguing for Denezpi, opened by stating that the law-making and law-enforcing aspects of sovereignty are equally important to determining whether expressions of sovereign power are separate. Kimberly argued that Denezpi’s double jeopardy rights were violated because although he was originally prosecuted for an offense grounded in tribal law in the Ute Mountain Ute Court of Indian Offenses, the prosecutor in that proceeding was a federal employee appointed by the federal government.
Indianz.Com
Indianz.Com
This article was originally published on SCOTUSBlog, the Supreme Court of the United States Blog, on February 24, 2022. It is republished here under a Creative Commons license (CC BY-NC-ND 3.0 US).
Recommended Citation: Heather Whiteman Runs Him, Argument in double-jeopardy case shines spotlight on prosecutorial issues faced by Native tribes, SCOTUSblog (Feb. 24, 2022, 11:16 AM), https://www.scotusblog.com/2022/02/argument-in-double-jeopardy-case-shines-spotlight-on-prosecutorial-issues-faced-by-native-tribes/
Supreme Court Documents
Oral Argument Transcript – Denezpi v. United States – No. 20-7622
Question Presented – Denezpi v. United States – No. 20-7622
Day Call – February 22, 2022
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SCOTUSBlog: Supreme Court takes up tribal sovereignty dispute (February 22, 2022)Supreme Court hears cases with high stakes for Indian Country (February 21, 2022)
Supreme Court takes up Indian law cases as tribes face new ‘unknown’ (October 19, 2021)
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