[DOWNLOAD] "Stevenson v. Koskey" by United States Court of Appeals for the Ninth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Stevenson v. Koskey
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 26, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
In his federal manslaughter prosecution, Francis Floyd Ant appeals the district courts refusal to suppress a guilty plea made earlier in tribal court. Both the tribal and federal cases arise out of the same alleged incident. Ant claims that the plea should be suppressed because he did not have an attorney in tribal court and because the plea was not voluntary. In denying Ants suppression motion, the district court found that the plea was made in concordance both with tribal law and the Indian Civil Rights Act (ICRA), 25 U.S.C. § 1302, and ruled that suppressing the plea would violate principles of comity and disparage the tribal proceedings. On review, we hold that because the tribal court guilty plea was made under circumstances which would have violated the United States Constitution were it applicable to tribal proceedings, and because suppression of the plea would not violate principles of comity, would not be disparaging to the tribal court proceedings, and would not unduly prejudice the government, the judgment of the district court is reversed.
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