United States Ninth Circuit

Denial of a motion to dismiss an indictment charging the defendant, an Indian, with two counts of domestic assault by a habitual offender, is reversed, where: 1) applying United States v. Ant, tribal court convictions may be used in subsequent prosecutions only if the trial court guarantees a right to counsel that is, at minimum, coextensive with the Sixth Amendment right; and 2) the defendant's triable court domestic abuse convictions would have violated the Sixth Amendment had they been obtained in federal or state court.

Appellate Information

• Decided 09/30/2014
• Published 09/30/2014

Judges

• Paez

Court

• United States Ninth Circuit

Counsel