Denezpi v. United States

Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Petitioner.

Brief filed: 12/14/2021

Documents

Denezpi v. United States

United States Supreme Court; Case No. 20-7622

Prior Decision

Decision below 979 F.3d 777 (10th Cir. 2020)

Argument(s)

The Double Jeopardy Clause allows successive prosecutions by different governments only if each of them exercises sovereignty in two different aspects. When a prosecution in a CFR court (Court of Indian Offences) is followed by a prosecution in federal district court, the federal government’s control over both proceedings establishes that the CFR court prosecution is merely a tool of the federal government.

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Author(s)

Keith J. Hilzendeger, Assistant Federal Defender, Phoenix, AZ; Barbara Bergman, NACDL, Tucson, AZ.

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