Native American Defendant
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.
June 04, 2010, 15:18
J AnsolabehereIt 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