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US v. Redlightning, No. 09-30122

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By FindLaw Staff on October 25, 2010 3:26 PM

Murder Conviction Affirmed

In US v. Redlightning, No. 09-30122, the court affirmed defendant's conviction for murder on Native American land with premeditation and in the perpetration or attempted perpetration of sexual abuse, holding that 1) defendant did not confess as the result of an unlawful arrest; 2) defendant was not "in custody" for Fifth Amendment purposes during the questioning until he confessed to the sexual assault and murder; and 3) the government's conduct did not result in an unreasonable delay of the arraignment.

 

As the court wrote:  "Henry Redlightning appeals his jury conviction for killing Rita Disanjh on Native American land with premeditation and in the perpetration or attempted perpetration of sexual abuse. See 18 U.S.C. §§ 1111, 1151, 1153(a). Redlightning argues first that the district court erred by refusing to suppress his confessions to the murder of Disanjh. Redlightning's theories of suppression are that the confessions resulted from his unlawful detention by FBI agents and also that the agents did not promptly present him for an arraignment."

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