Legal Opinion · Dissent

United States v. Francis Floyd Ant

Court of Appeals for the Ninth Circuit

Decided August 9, 1989No. 88-3035Published

1DissentO’Scannlain, Circuit Judge

Because I agree with Judge Battin that suppression in federal court of the guilty plea entered in tribal proceedings disparages the integrity of tribal courts, I must respectfully dissent. The majority concedes that Ant’s plea in tribal court complied fully with tribal law and the Indian Civil Rights Act (ICRA). The majority points to no evidence of coercion, “shocking conduct,” or inaccuracy in the transcript of the tribal proceedings. Because I find no constitutional prohibition against admission of the guilty plea in federal court, and because I find no bar to admissibility as an…

2Cases cited10 opinions

  1. United States v. WheelerSupreme Court of the United States · 1978
  2. United States v. Gregory LewisCourt of Appeals for the Ninth Circuit · 1986
  3. Ennis v. SmithSupreme Court of the United States · 1853
  4. Harry S. Stonehill and Robert P. Brooks v. United StatesCourt of Appeals for the Ninth Circuit · 1969
  5. United States v. Lawrence RoseCourt of Appeals for the Ninth Circuit · 1978

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