--- Am. Tribal Law ----, 2024 WL 4118985 (Fort Peck C.A.)
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Fort Peck Court of Appeals.
 
Corey MENZ, Appellant,
v.
FORT PECK TRIBES, Appellee.
 
CAUSE NO. AP 870
|
FILED SEPTEMBER 6, 2024

Appeal from the Fort Peck Tribal Court, Lonnie Headdress, Presiding Judge.

Before E. Shanley, Chief Justice, and B.J. Jones and J. Grijalva, Associate Justices

 

ORDER AFFIRMING TRIBAL COURT

BACKGROUND

¶ 1 This matter comes before the Fort Peck Court of Appeals (FPCOA) on an appeal from the Tribal Court’s Judgment of Conviction issued on February 28, 2024 finding Appellant guilty of Unlawful Possession of Dangerous Drugs, in violation of 7 CCOJ 413-A(a), Unlawful Possession of Dangerous Drugs with Intent to Sell, in violation of 7 CCOJ 413-B, Possession of a Firearm in Drug Related Crimes, in violation of 7 CCOJ 415-B, and Illegal to Sell, Trade, or Bargain in Drug Paraphernalia, in violation of 7 CCOJ 417. Appellant was arrested on February 23, 2024 and remained in custody of the Fort Peck Tribes at the Adult Detention Facility until he was arraigned and sentenced on February 28, 2024. The Court sentenced Appellant to serve a total of three years in jail. Appellant submits that he was under the influence of drugs when he pled guilty.

 

STATEMENT OF JURISDICTION

¶ 2 The Fort Peck Appellate Court may review final orders from the Fort Peck Tribal Court. 2 CCOJ § 202. The February 28, 2024 Final Disposition is a final order for purposes of review.

 

STANDARD OF REVIEW

¶ 3 This Court reviews de novo all determinations of the lower court on matters of law, but shall not set aside any factual determinations of the Tribal Court if such determinations are supported by substantial evidence.

 

ISSUES

¶ 4 Did the Tribal Court err when it accepted Appellants guilty plea?

 

DISCUSSION

¶ 5 Prior to accepting a guilty plea from a Defendant, the Tribal Court must ensure that the plea is given knowingly, voluntarily and intelligently. This Court has discussed the requirements for the Court to make that determination in Black Thunder v. Fort Peck Tribes, APP 781 (July 12, 2019). In addition, the Court must question the Defendant to ensure he/she understands the nature of the charge, the maximum penalty provided by law, and that the Defendant is waiving his/her constitutional rights guaranteed by the Indian Civil Rights Act and Fort Peck Constitution and Tribal Code by entering a plea of guilty.

¶ 6 In the event, the Defendant has not pled guilty knowingly, voluntarily, or intelligently, as is alleged by Appellant, he/she has the ability to file a Motion with the Fort Peck Tribal Court, pursuant to 7 CCOJ 403 to withdraw the guilty plea. This section of the Tribal Code grants the Court discretion in allowing a Defendant to withdraw his/her guilty plea if the interests of justice and fairness would be served by doing so. Appellant did not file a Motion to Withdraw his guilty plea with the Tribal Court.

¶ 7 This Court is not in the position to make a determination of whether or not the Appellant’s plea was given knowingly and voluntarily prior to the Tribal Court hearing the motion and rendering a decision. The Appellant must file a Motion with the Tribal Court to establish a factual basis and prove that his plea was not given knowingly, voluntarily, or intelligently. In the event the Tribal Court denies the Motion, this Court may then review the basis upon which that decision was made.

 

ORDER

¶ 8 The Tribal Court Final Disposition Order is hereby AFFIRMED.

SO ORDERED the 29th day of August 2024.

All Citations
--- Am. Tribal Law ----, 2024 WL 4118985