Legal Opinion · Dissent

United States v. Michael Bryant, Jr.

Court of Appeals for the Ninth Circuit

Decided July 6, 2015No. 12-30177Published

1Dissent

O’SCANNLAIN, Circuit Judge,

joined by GOULD, TALLMAN, BYBEE, CALLAHAN, BEA, M. SMITH, and OWENS, Circuit Judges, dissenting from the denial of rehearing en banc:

Judge Owens passionately reveals this opinion’s pernicious impact on domestic violence victims, and I share his concern. I also write to explain why the legal errors that corrupt this opinion, and its predecessor United States v. Ant, 882 F.2d 1389 (9th Cir.1989), should have been corrected by our court sitting en banc.

Following Ant, the court decides that indisputably valid tribal court proceedings are “constitutionally infirm”…

2Cases cited16 opinions

  1. Hilton v. GuyotSupreme Court of the United States · 1895
  2. Nichols v. United StatesSupreme Court of the United States · 1994
  3. United States v. RodriquezSupreme Court of the United States · 2008
  4. Mary Jane WILSON, Plaintiff-Appellee, v. Thomas David MARCHINGTON; Inland Empire Shows, Inc., Defendants-AppellantsCourt of Appeals for the Ninth Circuit · 1997
  5. United States v. ShavanauxCourt of Appeals for the Tenth Circuit · 2011

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