The 10th Circuit previously overturned child sex abuse convictions for three men after finding the government didn’t prove they weren’t Native American — an antique carveout for crimes committed on tribal land.
DENVER (CN) — A unanimous en banc 10th Circuit determined Wednesday that a criminal defendant may establish that they have Native American ancestry as a defense against crimes committed on tribal land, but a defendant’s tribal status is not the government’s burden to prove.
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