Friday, September 27, 2013

AZ - State v. John

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Original Article

Diigo Post Excerpt:
In 1988 or 1989, John was convicted in federal court of two counts of sexual assault occurring within the reservation. In 2010, he was arrested by the Coconino County Sheriff outside the Navajo Nation boundaries and charged with failure to register as a sex offender pursuant to A.R.S. § 13-3821. He pled guilty to that offense, acknowledging at the plea colloquy that he had lived in Tuba City since 2008 but had not registered with the county sheriff within ten days of moving there.[1] The trial court suspended the imposition of sentence and placed John on a ten-year term of probation. He immediately sought post-conviction relief, arguing the state lacked subject-matter jurisdiction to charge him with failure to register as a sex offender because he is a member of the Navajo Nation living on tribal lands, and has not worked, resided, or attended school outside the reservation boundaries.[2] The court summarily denied relief.

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