Fort Peck Tribes v. Mireau

OPINION

GARY P. SULLIVAN, Chief Justice.

This matter alises from an order of dismissal of a criminal complaint “without prejudice” due to failure of service of two material prosecution witnesses. The factual and legal setting is essentially the same as in Tribes v. Stafne, FPCOA # 351, 2002 WL 34432657, 4 Am. Tribal Law 230 (2002).

On the day of trial, two of the prosecution’s material witnesses had not been served and were not, present. The Tribal Prosecutor requested a continuance and the defendant made a motion to dismiss. The Tribal Court dismissed the matter without stating its legal basis…