indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Kill The Tobacco Master Settlement Agreement
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
9th Circuit rules tribal document isn't proof of 'Indian' status

Filed Under: Law
More on: 9th circuit, arizona, blood quantum, crime, crit, hualapai, membership
     

An "unauthenticated" enrollment document from the Colorado River Indian Tribes isn't sufficient to prove a defendant's "Indian" status, the 9th Circuit Court of Appeals ruled on Thursday.

Edgar Alvirez, Jr. was convicted of assault resulting in serious bodily injury for an incident on the Hualapai Reservation in Arizona in November 2009. Federal prosecutors said Alvirez broke the ankle of Drametria Havatone, a member of the Hualapai Tribe.

But federal prosecutors never proved Alvirez is an "Indian" under the Major Crimes Act, the 9th Circuit ruled. The CRIT Certificate of Indian blood listed Alvirez's blood quantum but no one authenticated it in court, the decision stated.

"Absent admission of the certificate, it is questionable whether the government would have established Alvirez’s Indian status to the satisfaction of the jury, because the only other evidence of Indian status was Havatone’s testimony that Alvirez lived on the reservation and was a member of the Hualapai Tribe," the court ruled.

As a result, the 9th Circuit vacated Alvirez’s conviction and remanded the case to the federal district court. Federal prosecutors will be able to retry Alvirez and possibly authenticate the CRIT document.

Turtle Talk has posted documents from the case, US v. Alvirez.

9th Circuit Decision:
US v. Alvirez (March 14, 2013)

Related Stories:
9th Circuit reverses conviction over Indian status of defendant (1/21)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Obama administration asks tribes about infrastructure projects (9/23)
House passes measure to combat illegal sale of tribal property (9/23)
Mike Rounds: Righting historical wrongs against Native citizens (9/23)
Indian Health Service names new medical officer in Great Plains (9/23)
Interior Department finalizes rule for Native Hawaiian relations (9/23)
Native Sun News Today: Democrat accepts invitation to debate (9/23)
Jeffrey Whalen: A failed experiment in socialism at Pine Ridge (9/23)
Mary Annette Pember: A young boy's journey to Standing Rock (9/23)
Harlan McKosato: Obama must keep promise to Indian people (9/23)
Dean Suagee: Native input needed to guide future of our parks (9/23)
Another North Dakota tribe battles pipeline company in court (9/23)
Rosebud Sioux Tribe extends Class III gaming compact again (9/23)
Top gaming executive on Navajo Nation put on leave with pay (9/23)
Bill slammed as 'modern day Indian land grab' moves forward (9/22)
Republican lawmaker eagerly defends Dakota Access Pipeline (9/22)
Appeals court in DC sets stage for October 5 #NoDAPL hearing (9/22)
Bureau of Indian Affairs role in #NoDAPL 'task force' in doubt (9/22)
Miami language champion Daryl Baldwin earns 'genius grant' (9/22)
Landowners from Lower Brule Sioux Tribe see $11M in offers (9/22)
Mark Trahant: Politicians can no longer ignore the Native vote (9/22)
Native Sun News Today: Nation rallies to #NoDAPL movement (9/22)
Dave Archambault Sr.: History unfolds on Standing Rock land (9/22)
David Ganje: Standing Rock Sioux Tribe takes stand for water (9/22)
Democracy Now: Sacred Stone Camp founder standing ground (9/22)
Cronkite News: Navajo Nation pushes for cleanup of mine site (9/22)
Harold Monteau: #NoDAPL movement draws a line in the sand (9/22)
Judge restores affidavit option for North Dakota Native voters (9/22)
Editorial: Long overdue federal recognition for Virginia tribes (9/22)
Tohono O'odham Nation seeks sanctions in fight over casino (9/22)
California governor keeps busy with tribal gaming compacts (9/22)
County sheriff leads investigation into #NoDAPL confrontation (9/21)
Federal appeals court sets October 5 hearing in #NoDAPL case (9/21)
Tribes deliver Wisconsin firewood to Standing Rock Sioux Tribe (9/21)
Democrats host forum on Dakota Access Pipeline on Capitol Hill (9/21)
Uncertainty on land-into-trust as Obama era comes to a close (9/21)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.