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Supreme Court Rules Domestic Violence Convictions In Tribal Court Can Be Considered In Federal Court

The Supreme Court has ruled federal courts must recognize tribal convictions when determining if a domestic violence offender should legally be considered “habitual.” Repeated convictions for domestic violence can lead to stiffer prison sentences.

The ruling settles a legal challenge against a section of the Violence Against Women Act that included tribal courts convictions in its definition of habitual.

The high court ruled in the case of Michael Bryant Jr., who received a 46-month federal prison term after pleading guilty to assaulting two women on the Northern Cheyenne Reservation in Montana.

Bryant’s attorney argued the use of tribal convictions violated his Sixth Amendment rights because tribal courts don’t guarantee defendants an attorney and Bryant’s previous convictions on the reservation were handled without a lawyer.

Justice Ruth Bader Ginsburg delivered the opinion. She said the decision was based on the fact the sixth amendment does not govern tribal court proceedings.   

The Associated Press contributed to this report.

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Carrie Jung was a senior field correspondent from 2014 to 2018.