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violence
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vawa
reauthorization
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stat
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et
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materials
last
visited
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women
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dept
justice
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general
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violating
punishes
recent
acts
domestic
assault
prior
crimes
prosecuted
tribal
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denied
right
counsel
tribal
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amendment
right
honored
federal
adjudicated
guilty
felony
offense
imprisoned
alabama
shelton
odd
say
conviction
untainted
violation
sixth
amendment
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amendment
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case
defendant
right
appointed
counsel
fully
respected
watford
concurring
bryant
acknowledges
punished
fines
proceedings
nichols
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reliance
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cause
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bryant
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amendment
reason
sixth
amendment
right
appointed
counsel
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app
pet
cert
dissenting
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banc
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nichols
resist
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good
punishment
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sentence
enhancement
later
prosecution
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indicates
use
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pet
cert
opinion
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burgett
prohibited
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counsel
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defendant
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prosecution
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amendment
shavanaux
bryant
observes
reliability
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remain
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amendment
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nichols
however
counter
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uncounseled
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convictions
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unreliable
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right
use
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conviction
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fine
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reliable
sentence
year
imprisonment
imposed
punishment
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fine
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variation
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sanction
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year
prison
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imposed
bryant
also
invokes
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process
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amendment
support
assertion
judgments
used
predicate
offenses
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observed
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requires
tribes
ensure
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process
law
accords
defendants
specific
procedural
safeguards
resembling
contained
bill
rights
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amendment
see
supra
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makes
habeas
review
federal
available
persons
incarcerated
pursuant
judgment
means
prisoner
may
challenge
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fairness
proceedings
tribal
proceedings
compliance
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congress
determined
agree
sufficiently
ensure
reliability
convictions
therefore
use
convictions
federal
prosecution
violate
defendant
right
due
process
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shavanaux
cf
state
spotted
eagle
mont
principles
comity
support
recognizing
uncounseled
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bryant
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proceedings
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therefore
valid
entered
use
convictions
predicate
offenses
prosecution
violate
constitution
accordingly
reverse
judgment
appeals
ninth
circuit
remand
case
proceedings
consistent
opinion
ordered
thomas
concurring
petitioner
michael
bryant
writ
certiorari
appeals
ninth
circuit
june
justice
thomas
concurring
holds
neither
sixth
amendment
fifth
amendment
due
process
clause
prohibits
government
using
michael
bryant
uncounseled
convictions
predicates
federal
crime
committing
domestic
assault
within
indian
country
ante
see
making
federal
crime
commi
domestic
assault
within
indian
country
person
final
conviction
least
separate
prior
occasions
indian
tribal
proceedings
domestic
assault
similar
crimes
precedents
dictate
holding
join
opinion
fact
case
arose
however
illustrates
far
afield
sixth
amendment
precedents
gone
three
basic
assumptions
underlie
case
sixth
amendment
ordinarily
bars
government
introducing
later
proceeding
convictions
obtained
violation
right
counsel
ante
tribes
retained
sovereignty
entitles
prosecute
tribal
members
proceedings
subject
constitution
ante
congress
punish
assaults
tribal
members
commit
indian
land
ante
although
precedents
endorsed
assumptions
decades
never
identified
sound
constitutional
basis
see
none
start
notion
sixth
amendment
generally
prohibits
government
using
prior
uncounseled
conviction
obtained
violation
right
counsel
predicate
new
offense
new
proceeding
ante
text
sixth
amendment
requires
criminal
prosecution
accused
enjoy
ssistance
ounsel
proceeding
likely
wrong
burgett
texas
created
sixth
amendment
exclusionary
rule
prohibits
government
using
prior
convictions
obtained
violation
right
counsel
subsequent
proceedings
avoid
erod
ing
principle
right
counsel
open
reconsidering
burgett
future
case
remaining
two
assumptions
underpinning
case
exemplify
central
tension
within
jurisprudence
one
hand
reason
tribal
courts
power
convict
bryant
proceedings
right
counsel
prosecutions
function
tribe
core
sovereignty
see
lara
wheeler
virtue
tribes
status
sovereigns
constitution
tribal
prosecutions
need
precedents
comply
constitutional
provisions
framed
specifically
limitations
federal
state
authority
ante
quoting
santa
clara
pueblo
martinez
hand
validity
bryant
ensuing
federal
conviction
rests
upon
contrary
view
tribal
sovereignty
congress
ordinarily
lacks
authority
enact
general
federal
criminal
law
proscribing
domestic
abuse
see
morrison
suggests
congress
must
intervene
reservations
ensure
prolific
domestic
abusers
receive
sufficient
punishment
see
ante
explain
congress
power
act
comes
precedents
leave
doubt
score
congress
make
bryant
domestic
assaults
federal
crime
subject
federal
prosecution
precedents
endowed
congress
power
aspects
tribal
sovereignty
wheeler
supra
thus
even
though
tribal
prosecutions
tribal
members
purportedly
apex
tribal
sovereignty
congress
tribes
prosecute
domestic
abuse
perpetrated
indians
indians
indian
land
virtue
plenary
power
indian
tribes
see
kagama
accord
lara
continue
doubt
whether
either
view
tribal
sovereignty
correct
see
thomas
concurring
judgment
indian
tribes
varied
origins
discrete
treaties
different
patterns
assimilation
conquest
light
tribes
distinct
histories
strains
credulity
assume
tribes
necessarily
retained
sovereign
prerogative
prosecuting
members
treating
tribes
possessing
identical
quantum
sovereignty
precedents
made
impossible
understand
ultimate
source
tribe
sovereignty
whether
endures
see
prakash
tribal
fungibility
cornell
rev
congress
purported
plenary
power
indian
tribes
rests
even
shakier
foundations
enumerated
power
congress
power
regulate
commerce
indian
tribes
senate
role
approving
treaties
anything
else
gives
congress
sweeping
authority
see
lara
supra
thomas
concurring
judgment
adoptive
couple
baby
girl
thomas
concurring
slip
indeed
created
new
power
unable
find
enumerated
power
justifying
federal
major
crimes
act
first
time
punished
crimes
committed
indians
indians
indian
land
see
kagama
supra
cf
ante
asserted
power
general
government
remnants
race
powerful
weak
diminished
numbers
necessary
protection
must
exist
government
never
existed
anywhere
else
kagama
supra
century
later
kagama
endures
foundation
doctrine
searched
vain
valid
constitutional
justification
unfettered
power
see
lone
wolf
hitchcock
relying
kagama
plenary
power
theory
winton
amos
congress
plenary
authority
based
indians
condition
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dependency
wheeler
supra
winton
lone
wolf
illustrate
undisputed
fact
congress
plenary
authority
tribes
lara
supra
thomas
concurring
judgment
utterly
fails
find
provision
constitution
gives
congress
enumerated
power
alter
tribal
sovereignty
time
reconsider
precedents
ceases
treating
indian
tribes
undifferentiated
mass
case
law
remain
bedeviled
amorphous
ahistorical
assumptions
scope
tribal
sovereignty
rejects
fiction
congress
possesses
plenary
power
indian
affairs
precedents
continue
based
paternalistic
theory
congress
must
assume
control
remnants
race
good
kagama
supra
footnotes
indian
country
defined
encompass
land
within
indian
reservation
federal
jurisdiction
dependent
indian
communities
indian
allotments
indian
titles
extinguished
icra
permitted
sentences
imprisonment
six
months
see
stat
among
additional
safeguards
attending
longer
sentences
unqualified
right
indigent
defendant
appointed
counsel
tribal
governments
generally
lack
criminal
jurisdiction
commit
crimes
indian
country
see
oliphant
suquamish
tribe
violence
women
reauthorization
act
congress
amended
icra
authorize
tribal
courts
exercise
special
domestic
violence
criminal
jurisdiction
certain
domestic
violence
offenses
committed
indian
pub
stat
codified
tribal
courts
exercise
jurisdiction
requires
procedural
safeguards
similar
required
imposing
indian
defendants
sentences
excess
one
year
including
unqualified
right
indigent
defendant
appointed
counsel
see
express
view
validity
provisions
congress
since
expanded
definition
felony
assault
include
ssault
resulting
substantial
bodily
injury
spouse
intimate
partner
dating
partner
ssault
spouse
intimate
partner
dating
partner
strangling
suffocating
attempting
strangle
suffocate
violence
women
reauthorization
act
stat
codified
substantial
bodily
injury
requirement
remains
difficult
satisfy
requires
temporary
substantial
disfigurement
temporary
substantial
loss
impairment
function
bodily
member
organ
mental
faculty
section
since
amended
include
qualifying
predicate
offenses
addition
crimes
assault
sexual
abuse
serious
violent
felony
offenses
committed
child
care
person
committing
domestic
assault
supp
ii
ant
ninth
circuit
proscribed
use
uncounseled
guilty
plea
evidence
guilt
subsequent
federal
prosecution
arising
incident
use
plea
impermissible
appeals
reasoned
tribal
guilty
plea
made
circumstances
violated
constitution
applicable
tribal
proceedings
true
bryant
points
based
decision
nichols
part
less
exacting
nature
sentencing
compared
heightened
burden
proof
required
determining
guilt
describing
rule
adopted
said
encompasses
criminal
history
provisions
applicable
sentencing
recidivist
statutes
one
ibid
moreover
nichols
two
primary
rationales
validity
prior
conviction
sentence
punishment
last
offense
rely
distinction
guilt
adjudication
sentencing
indeed
validity
prior
conviction
distinguishes
nichols
tucker
found
impermissible
use
sentencing
invalid
uncounseled
prior
conviction