Denezpi v. United States (2022) Dissenting Opinion (Double Jeopardy, Court of Indian Offenses)

Audio of Denezpi v. United States (2022) Dissenting Opinion

The Court of Indian Offenses is a trial court with jurisdiction over Native Americans where there are no tribal courts. Six months after Merle Denezpi, a member of the Navajo tribe, pleaded guilty to an assault charge in the Court of Indian Offenses, a federal grand jury indicted him for aggravated sexual assault for the exact same event that led to his assault charge in the Court of Indian Offenses - and was subsequently found guilty. He challenged his prosecution in federal court, arguing that it violated the Double Jeopardy Clause of the Constitution; the Court of Indian Offenses is, after all, a federal agency. The district court ruled against Denezpi, and the U.S. Court of Appeals for the Tenth Circuit affirmed.

 

The question before the Supreme Court in this case was whether a prosecution in the Court of Indian Offenses triggers the Double Jeopardy Clause of the Constitution. The Court said no, it did not.

 

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