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I have a defendant who is facing life in prison (and possible more). He is a Native American. Was raised on a reservation. In an abundance of caution I'm wondering if his status as a Native American entitles him to any special rights or privileges. Do I have any obligation to notify his tribe?

Just making sure so I don't create any fodder for the writ writers down the road.

Thanks.
 
Posts: 200 | Registered: January 31, 2001Reply With QuoteReport This Post
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It depends on the tribal nation and where the offense took place. A good general resource for questions involving Native Americans and the law is Cohen's Handbook of FEDERAL INDIAN LAW published by Lexis/Nexis. Most of the Nations are governed by what is known as Public Law 280, but the Texas Nations fall under different law.

Janette A
 
Posts: 674 | Location: Austin, Texas, United States | Registered: March 28, 2001Reply With QuoteReport This Post
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