Suquamish Indian Tribe v. Mills, (1991)

• Decision Date: 29 October 1991
• Docket Number: SUQ-CR-6/90-48
• Citation: Suquamish Indian Tribe v. Mills (Suquamish Tribal Ct. of App. 1991)
• Parties: SUQUAMISH INDIAN TRIBE v. DAVID MILLS, SR.
• Court: Suquamish Tribal Court of Appeals

SUQUAMISH INDIAN TRIBE v. DAVID MILLS, SR.

No. SUQ-CR-6/90-48

Suquamish Tribal Court of Appeals

October 29, 1991

Tribal prosecutorJohn Sledd for the Suquamish Indian Tribe defendant/appellantDavid R. Mills, Sr., appeared pro se.

Before: Chief Justice Elbridge Coochise, Associate Justice Douglas Hutchinson, and Associate Justice John L. Roe.

Per Curiam.

SUMMARY

David Mills, a member of the Suquamish Indian Tribe, was convicted in Tribal Court on charges of assault and battery.Mills appealed the conviction, arguing that the trial court had erred in refusing to rule he had acted in self-defense.In addition, Mills claimed that he had been denied assistance of counsel both at his trial and his appeal.

The Tribal Court of Appeals affirmed the conviction.It found first that Mills had not been denied assistance of counsel but had failed to actively seek such assistance.Mills had not made a sincere effort to seek the help of counsel, the appellate panel observed, even after being granted a continuance for that purpose.

In respect to the assault and battery conviction, Mills admitted that he had slapped Harriett Nelson, the woman he was living with, about the face and head.Mills also admitted that he had picked up Ms. Nelson, "rolled" her into the kitchen, and slammed the door on her.However, Mills claimed that he performed these actions in the course of resisting her repeated attempts to sexually assault him.Ms. Nelson who was not present at the appellate hearing, had reported to police that Mills had slapped her in the course of an argument.Her injuries required hospitalization and stitches.In affirming the conviction, the Tribal Court of Appeals found that, even assuming Mills' allegations of sexual assault were true, he had used excessive force in resisting the assault.

OPINION AND ORDER AFFIRMING CONVICTION

The defendant appeals his conviction on the charge of Assault and Battery.

FINDINGS OF FACT

This court finds that it has jurisdiction over the person and the subject matter under Suquamish Law and Order Code Sections 3.2.5,3.2.7and7.1.6.

A.Facts Regarding Assistance of Counsel Claim

On appearing before the Tribal Court of Appeals, defendant was asked why he was not represented by counsel.His reply was that he did not have the money to hire an attorney and did not have time to find an attorney or spokesperson to represent him.This court adjourned in order to give the defendant time to call those attorneys and the tribal spokespersons he thought may help him.

When the court re-convened, the defendant advised the court that, although he had contacted two attorneys and one tribal spokesperson, he was unable to acquire counsel.The court pointed out to the defendant that his appeal had been filed on July 27, 1990—fifteen months before the present hearing.The court further pointed out that defendant's hearing, originally scheduled for September 30, 1991, had been continued in order that he might seek counsel--and that ten days should have been ample time for him to obtain counsel.The defendant assented and requested to proceed pro se.

B.Facts Regarding Assault and Battery Charge

The defendant testified that he was home asleep in bed in the apartment he shared with the complainant, Harriett A. Nelson.At approximately 3:00 AM, June 12, 1990, she came home and woke him up by fellating him.He slapped her in an attempt to dissuade her, but she persisted.He picked her up from the couch, carried her to the kitchen, rolled her in and slammed the door.She came out approximately five minutes later with blood on her face, threatening him with jail.

The complainant, Harriett A. Nelson, told the police that she came home and questioned the defendant about a blonde woman he had been drinking with early in the evening.An argument ensued, and she was struck about the face and head by the defendant.Her wounds required hospitalization and stitches.Her version of events contained no mention of fellatio.She was not present at the hearing on appeal, having moved to an unknown location in another state.

CONCLUSIONS OF LAW

A.Assistance of Counsel

The defendant, appellant herein, had ample time to obtain counsel at his own expense, and, judging from his statements to the appellate panel, he did not make a sincere effort to do so.He made no effort to contact spokespersons who appear before the Suquamish Tribal Court to assist indigent tribal members.

The...