Lummi Indian Nation v. Solomon, (1992)

• Court: Lummi Tribal Court of Appeals
• Decision Date: 21 September 1992
• Docket Number: 92.4 CRP 2522-2524,2637-39,2641
• Citation: Lummi Indian Nation v. Solomon (Lummi Tribal Ct. of App. 1992)
• Parties: LUMMI INDIAN NATION v. ERIN M. SOLOMON

LUMMI INDIAN NATION v. ERIN M. SOLOMON

Nos. 92.4 CRP 2522-2524, 2637-39, 2641

Lummi Tribal Court of Appeals

September 21, 1992

Tribal prosecutor Iris Shue appeared for the Lummi Indian Nation spokesperson Ronald Morris appeared for defendant Erin Solomon.

Before: Chief Justice Douglas W. Hutchinson, Associate Justice Marguerite Edwards, and Associate Justice Rose Purser.

SUMMARY

Convicted on charges of indecent liberties, possession of drug paraphernalia, and several counts of disobedience of a lawful order of the court, criminal defendant Erin Solomon appealed a conviction in the Lummi Tribal Court, citing three grounds--the lack of a spokesperson to represent him at trial, failure of the trial court to determine the credibility of two key witnesses, and damaging testimony by juvenile witnesses. The Tribal Court of Appeals affirmed the conviction, finding that Solomon had knowingly waived his right to representation at trial and that he had been afforded a fair opportunity to cross-examine witnesses and challenge their testimony.

HEARING ON APPEAL

This matter having come on to be heard on a timely petition of the defendant, and all parties receiving notice that the preliminary hearing would be held at 10:30 A.M. on September 21, 1992, at the Lummi Tribal Court, the court convened at the scheduled time and place.

Upon motion by the tribal prosecutor, with no objection from the appellant, the witness exclusion rule was invoked.

Petitioner had set out three grounds for his appeal of the trial court decision and sentence: (1) with no spokesperson, he was unfairly prejudiced due to lack of knowledge of court procedures; (2) credibility of two key witness was never determined; and, (3) the testimony of juvenile witnesses was damaging.

By argument the spokesperson addressed each of the issues in turn. He particularly stressed that the youth and inexperience of the defendant at the...