In re C.T.

8 Am. Tribal Law 386 (2010)

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In re C.T.

Cherokee Court of the Eastern Band of Cherokee Indians
8 Am. Tribal Law 386 (2010)

Facts

C.T. (defendant) was a Cherokee juvenile who allegedly committed property offenses on the reservation on September 27, 2009. On November 12, 2009, a juvenile-services intake counselor within the Cherokee Court of the Eastern Band of Cherokee Indians (tribal court) took delinquency complaint JV10-07 regarding C.T.’s alleged property offenses. Fifty-five days later, on January 6, 2010, the tribe (plaintiff) filed delinquency petition JV10-07 in tribal court, charging C.T. with committing property offenses on September 27, 2009. On April 16, 2010, the tribe filed delinquency petition JV10-20, which charged C.T. with more offenses relating to the September 27, 2009, allegations. C.T. filed a motion to dismiss delinquency petition JV10-07 because of filing defects. Attempting to circumvent the dismissal of the charges contained in delinquency petition JV10-07, the tribe filed a second delinquency petition, JV10-20, which reiterated the charges contained in delinquency petition JV10-07. C.T. filed a motion to dismiss delinquency petition JV10-20 on many grounds, including violation of Cherokee Code (C.C.) § 7A-8, which set the statute of limitations for filing delinquency petitions in the tribal court.

Rule of Law

Issue

Holding and Reasoning (Martin, J.)

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