Brief filed: 12/14/2021
Denezpi v. United States
United States Supreme Court; Case No. 20-7622
Decision below 979 F.3d 777 (10th Cir. 2020)
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.
Keith J. Hilzendeger, Assistant Federal Defender, Phoenix, AZ; Barbara Bergman, NACDL, Tucson, AZ.