Justia U.S. 10th Circuit Court of Appeals Opinion Summaries

In 2002, an individual disappeared from her home in Ada, Oklahoma, and her ex-boyfriend quickly became a suspect. Evidence implicating him included his presence at her home, strange phone calls to her family, and physical injuries. Law enforcement discovered blood in his car and house, and, after consulting with his attorney, he led officers to the woman’s body, which was buried and showed signs of gunshot wounds. He subsequently pleaded guilty to murder in Oklahoma state court and was sentenced to life without parole.Many years later, following the Supreme Court’s ruling in McGirt v. Oklahoma, which clarified that certain areas in Oklahoma are Indian country and subject to federal—not state—jurisdiction for major crimes involving Native Americans, the state court vacated his conviction. As a member of a federally recognized tribe and with the crime occurring within the Chickasaw Nation Reservation, only the federal government could prosecute him. A federal grand jury indicted him for murder in Indian country and for causing death while violating federal firearm statutes. The United States District Court for the Eastern District of Oklahoma dismissed one firearm count as time-barred, and a jury convicted him on the remaining counts.On appeal, the United States Court of Appeals for the Tenth Circuit considered three main arguments: (1) alleged failures in the jury selection process under the Jury Selection and Service Act, (2) denial of a motion to suppress statements about the location of the victim’s body, and (3) denial of a motion to compel disclosure of communications between the government and former defense counsel. The Tenth Circuit held that the defendant failed to comply with the procedural requirements for challenging jury selection, that Rule 410 of the Federal Rules of Evidence did not apply to his statements to law enforcement, and that any error in denying document disclosure was harmless. The convictions were affirmed. View "United States v. Mullins" on Justia Law

Two cousins alleged that the defendant lured them into his trailer with candy and sexually abused them when they were young children. As a result, he was charged with two counts of engaging in a sexual act with a minor under twelve years old, allegedly occurring on the Jicarilla Apache Reservation. The indictment specified that the victims were Indian and that the defendant was a non-Indian, as required for federal jurisdiction under the applicable statutes.The United States District Court for the District of New Mexico presided over the trial. The government sought to prove the defendant’s non-Indian status primarily through the testimony of two law enforcement witnesses, who based their conclusions on reviews of various databases and documents. No direct genealogical or enrollment evidence was introduced. At the close of the government’s case, the defendant moved for acquittal under Rule 29, arguing that the government had failed to prove his non-Indian status. The district court denied the motion, relying on the witnesses’ testimonies. The jury convicted the defendant on one count, and he was sentenced to thirty years in prison.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed whether the government had presented sufficient evidence that the defendant was a non-Indian. Applying de novo review, the court found that the government’s evidence was inadequate to establish non-Indian status beyond a reasonable doubt, as required by circuit precedent. The court held that, because non-Indian status is an essential element of the charged crime under 18 U.S.C. § 1152 in the Tenth Circuit, the conviction could not stand without such proof. Accordingly, the Tenth Circuit vacated the conviction and remanded the case for further proceedings. View "United States v. Ruiz" on Justia Law

A man was charged with aggravated sexual abuse of a minor that occurred in a home on the Choctaw Nation reservation in Oklahoma. The victim was a six-year-old boy, and the defendant, who had recently moved in with his stepdaughter, was alleged to have committed the offense within two days of his arrival. The prosecution charged the defendant under federal law, which required proof that the victim was an Indian and the defendant was a non-Indian.The United States District Court for the Eastern District of Oklahoma presided over the trial. The government presented testimony from the defendant’s stepdaughter and three law enforcement officers, as well as driver’s license records, to establish that the defendant was not an Indian. The stepdaughter testified she did not know of any tribal membership or Indian identity for the defendant. Law enforcement witnesses stated the defendant did not identify as Native American and that inquiries with five major Oklahoma tribes yielded no information about his tribal status. The defendant moved for a judgment of acquittal under Rule 29, arguing the evidence was insufficient to prove he was a non-Indian. The district court denied the motion, and the jury convicted the defendant, resulting in a 30-year prison sentence.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed whether the evidence was sufficient to prove beyond a reasonable doubt that the defendant was a non-Indian, as required by 18 U.S.C. § 1152. The court held that the government failed to meet its burden, finding the evidence presented was too speculative and insufficient to establish the defendant’s non-Indian status. The Tenth Circuit vacated the conviction and remanded the case to the district court with instructions to enter a judgment of acquittal. View "United States v. Hebert" on Justia Law

John Doe, a Native American juvenile and member of the Eastern Shoshone Tribe, was charged in federal court with multiple offenses, including kidnapping a minor on tribal land for the purpose of physical assault. The government filed a six-count juvenile information, and Doe admitted to certain charges, including kidnapping, assault with a dangerous weapon, and provided a factual basis for his admissions. The events occurred in a trailer on the Wind River Indian Reservation, where Doe assaulted two minor victims and instructed one to remain in a closet as he left the scene.The United States District Court for the District of Wyoming held an admission hearing, where Doe, with counsel, admitted to the relevant charges. The court found a sufficient factual basis and conditionally accepted the admissions. After a delinquency hearing, Doe was adjudicated delinquent on several counts and committed to detention and supervision. Following the district court’s judgment, the Tenth Circuit decided United States v. Murphy, which clarified that the “holds” element of federal kidnapping requires proof the victim was detained for an appreciable period beyond that necessary to commit any related offense. Doe appealed, arguing his admission was not knowing or voluntary because he was not informed of this temporal requirement.The United States Court of Appeals for the Tenth Circuit reviewed the case under the plain error standard. The court held that Murphy did not clearly establish the temporal requirement as an essential element of kidnapping, nor did Doe demonstrate that the district court’s failure to inform him of this requirement was a plain error under well-settled law. The court affirmed the district court’s judgment of delinquency. View "United States v. Doe" on Justia Law

In this case, the defendant was charged with abusive sexual contact of a minor in Indian Country, based on conduct that occurred between 1998 and 2000, when the victim was approximately 15 or 16 years old. The victim reported the abuse to the FBI in 2021, stating that she had previously disclosed it to a therapist at a rape crisis center, but no action was taken at that time. The alleged abuse took place within the Navajo Nation, and the defendant did not contest his status as an enrolled member of the Navajo Nation or the location of the offense.The United States District Court for the District of New Mexico denied the defendant’s motion to dismiss the superseding indictment, which argued that the prosecution was barred by the statute of limitations. The district court found that the extended statute of limitations for sexual offenses against children under 18, as set forth in 18 U.S.C. § 3283, applied to the case. The defendant then entered a conditional guilty plea to a lesser offense—abusive sexual contact in Indian Country—reserving his right to appeal the statute of limitations issue.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed de novo whether the categorical approach or a case-specific analysis should be used to determine the applicability of § 3283’s extended statute of limitations. The court held that the categorical approach, typically used in sentencing and immigration contexts, does not apply to pretrial statute of limitations challenges under § 3283. Instead, a case-specific approach is appropriate, focusing on the facts and charges in the indictment. The court concluded that the offense charged involved the sexual abuse of a minor, so § 3283’s extended limitations period applied. The Tenth Circuit affirmed the district court’s denial of the motion to dismiss. View "United States v. Tso" on Justia Law

The case concerns a fatal car accident that occurred in February 2017 on a state highway within the Chickasaw Nation Reservation in Oklahoma. Lloyd Ray Hatley, while driving slightly above the speed limit, glanced at a vehicle parked on the shoulder. When he looked back, he saw another car, driven by Gay Ott and carrying Mary Nappa, had swerved into his lane and was braking. Hatley was unable to stop in time and collided with the car, resulting in Nappa’s death. Emergency responders extricated the passengers, but Nappa was pronounced dead at the scene. Hatley was not injured. Data from the vehicles indicated the Pontiac attempted an illegal left turn and Hatley was accelerating before braking sharply to avoid the collision.The United States District Court for the Eastern District of Oklahoma indicted Hatley on four counts related to the accident, including involuntary manslaughter in Indian country. The government sought to prove Hatley’s Indian status—an essential element for federal jurisdiction—using a tribal verification letter and testimony from Derrick Vann, a Cherokee Nation records custodian. Hatley objected to the admissibility of this evidence, arguing lack of foundation and hearsay. The district court admitted the evidence, and the jury convicted Hatley of involuntary manslaughter under Count 4, acquitting him on other counts. Hatley was sentenced to 48 months’ imprisonment and ordered to pay restitution.On appeal, the United States Court of Appeals for the Tenth Circuit held that the government was required to prove Hatley’s Indian status at the time of the offense. The court found that the district court abused its discretion by admitting the tribal verification letter and Vann’s testimony, as neither was properly authenticated nor admissible under the Federal Rules of Evidence. Because no other competent evidence established Hatley’s Indian status at the relevant time, the error was not harmless. The Tenth Circuit reversed Hatley’s conviction and remanded with instructions to vacate the conviction and conduct further proceedings. View "United States v. Hatley" on Justia Law

A 17-year-old defendant was charged with ten serious offenses, including murder and assault, after a violent confrontation at the home of his rivals. The incident stemmed from a feud with a classmate and escalated when the defendant, accompanied by his family, armed himself and attacked the victims’ home. The attack resulted in the death of one individual and severe injuries to others. The defendant, an enrolled member of the Cherokee Nation, was charged under federal law for crimes committed within the Cherokee Nation Indian Reservation.The United States District Court for the Eastern District of Oklahoma first reviewed the case. The government moved to transfer the defendant from juvenile to adult criminal proceedings under the Juvenile Justice and Delinquency Prevention Act. After an evidentiary hearing, the magistrate judge recommended granting the transfer, and the district court adopted this recommendation after conducting a de novo review. The district court weighed the statutory factors, including the defendant’s age, social background, psychological maturity, prior delinquency record, past treatment efforts, and the availability of rehabilitative programs, and found that most factors favored transfer to adult status.On interlocutory appeal, the United States Court of Appeals for the Tenth Circuit reviewed the district court’s decision for abuse of discretion. The appellate court held that the district court did not abuse its discretion in weighing the statutory transfer factors and found no clear error in its factual findings. The court also rejected the defendant’s Eighth Amendment argument that transfer was unconstitutional due to the potential punishments, holding that the challenge was unripe under circuit precedent. The Tenth Circuit affirmed the district court’s order transferring the defendant to adult criminal proceedings. View "United States v. J.D.V., Jr." on Justia Law

In January 2023, Chase Lane Rocha, living in a camper in Boswell, Oklahoma, with his pregnant girlfriend, was involved in a series of events leading to the death of his mother, Riki Amix. After consuming alcohol, Rocha returned home and got into a physical altercation with his stepfather, Dakota Amix. Rocha, intoxicated and distraught, armed himself with a pistol and, during a confrontation with family members, accidentally discharged the weapon, fatally wounding his mother. Rocha fled the scene, discarded the weapon, and later surrendered to law enforcement, admitting to the shooting but claiming it was accidental.The United States District Court for the Eastern District of Oklahoma conducted a jury trial where Rocha was found guilty of involuntary manslaughter in Indian Country. The court denied Rocha’s request for a two-level reduction for acceptance of responsibility, reasoning that Rocha did not admit to the mens rea of involuntary manslaughter. The court sentenced Rocha to 60 months in prison, an upward variance from the Guidelines range of 27 to 33 months, citing the need for just punishment and deterrence, and the reckless nature of Rocha’s conduct.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed the district court’s decision, holding that the denial of the acceptance-of-responsibility adjustment was not clearly erroneous given Rocha’s conduct before and during the trial. The appellate court also found that the district court did not err in considering societal expectations as part of its analysis of permissible sentencing factors. Finally, the appellate court concluded that the district court’s explanation for the upward variance was adequate and that the sentence was substantively reasonable given the totality of the circumstances. View "United States v. Rocha" on Justia Law

Andy Nahkai was charged with two counts of abusive sexual contact with a child and one count of abusive sexual contact with a child aged 12-16, all occurring within Indian country. During the investigation, Nahkai made incriminating statements to law enforcement officers while being interviewed in an unlocked police vehicle parked outside his home. The officers did not administer Miranda warnings before the interview.The United States District Court for the District of Utah granted Nahkai’s motion to suppress the statements he made during the interview. The court concluded that the interrogation was custodial, and the statements were not voluntary under the Fifth Amendment. The court based its decision on the officers' failure to inform Nahkai that he was free to leave, the accusatory nature of the questioning, and the police-dominated atmosphere of the encounter.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that Nahkai was not in custody for purposes of Miranda v. Arizona. The court found that the totality of the circumstances did not support the conclusion that Nahkai’s freedom of action was curtailed to a degree associated with formal arrest. The court noted that Nahkai was not physically restrained, the vehicle doors were unlocked, and the questioning, although accusatory, was not unusually confrontational. The court reversed the district court’s order suppressing Nahkai’s statements and remanded the case for further proceedings. View "United States v. Nahkai" on Justia Law

Anthony Brian Walker, a member of the Chickasaw Nation, was convicted of first-degree murder in Indian Country after an altercation with three teenagers in Ada, Oklahoma. On November 29, 2021, Walker was riding his bicycle when he encountered the teenagers in a red SUV. After a confrontation where Walker spat at the car and punched one of the teenagers, Jason Hubbard, Walker later approached the SUV with a knife and stabbed Hubbard, who subsequently died from the wound. Walker turned himself in the next day and admitted to the stabbing, claiming he acted because he believed Hubbard had a gun.The United States District Court for the Eastern District of Oklahoma presided over Walker's trial. Walker's defense included claims of self-defense and heat of passion. He requested jury instructions on these defenses, as well as on second-degree murder and voluntary manslaughter. The district court provided instructions on self-defense and the lesser-included offenses but did not include an instruction on imperfect self-defense, as Walker did not request it. The jury found Walker guilty of first-degree murder.The United States Court of Appeals for the Tenth Circuit reviewed the case. Walker argued that the district court erred by not instructing the jury on imperfect self-defense and the government's burden to disprove it. The Tenth Circuit held that Walker did not preserve this argument because he never requested an imperfect self-defense instruction at trial. The court found no plain error in the district court's failure to sua sponte instruct the jury on imperfect self-defense, as it was not required to do so without a specific request. The Tenth Circuit affirmed Walker's conviction. View "United States v. Walker" on Justia Law