1 NICS App. 97, Puyallup Tribe v. McCloud (April 1990)
IN THE PUYALLUP TRIBAL COURT OF APPEALS
PUYALLUP INDIAN RESERVATION
TACOMA, WASHINGTON
Puyallup Tribe v. Laura McCloud
No. 89-1911 (April 6, 1990)
SUMMARY
The Court of Appeals held that in a criminal case, the Indian Civil Rights Act does not mandate a requirement of legal counsel, but infers the right at the defendant's expense. When appellant proceeded without counsel at trial she waived the right.
Further, as the Law and Order Code is the law of the land, and the Rules of Criminal Procedure state that the Law and Order Code shall prevail in a conflict, the latter's requirement that 5 of 6 jurors must find a defendant guilty prevails.
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Chief Justice Lawrence Numkena, Associate Justice Rose Purser, and Associate Justice John Roe. |
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Appellant Laura McCloud appeared pro se. Dennis Nelson, Prosecutor appeared for Respondent Puyallup Tribe. |
OPINION AND ORDER
The Appellant brings forth the questions of:
1) Whether she was denied the right to obtain counsel,
2) That there must be a unanimous jury verdict for a guilty verdict from a jury of six.
Upon review of the record and oral testimony the Court finds that the appellant was informed of her right to counsel at arraignment and trial, by the Court. The Appellant indicates that she wanted counsel, but proceeded pro se.
The Indian Civil Rights Act does not mandate a requirement of legal counsel, but infers the right "at your expense." When Appellant proceeded with trial, she waived that right.
The Puyallup "Law and Order Code" requires a jury of six. The Puyallup
1 NICS App. 97, Puyallup Tribe v. McCloud (April 1990) p. 98
Law and Order Code was adopted December 28, 1981 by the Tribal Council. The code requires five of six jurors "must vote a finding of Guilty in order to convict a Defendant." The ''Rules of Criminal Procedure" were adopted September 25, 1980. The rules state that there must be a unanimous verdict by the jury, under Rule 31.
Rule 1 Section 2, EFFECT – “If there is a conflict between the Puyallup Law and Order Code and the provision of these rules, the Code must prevail," is specific.
The Law and Order Code is the law of the land, while the rules govern procedure, therefore the code must prevail. Therefore a guilty verdict may be maintained by a majority finding of five jurors from a jury of six.
It is therefore ordered that the conviction of the Appellant is affirmed. There is no finding that the appellant was denied her right to counsel.
This matter is remanded to the Trial Court for execution of sentence, with instructions to the Trial Court to allow the Defendant time to comply with said sentence.