Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Geshik-O-Binese NMN Martin v. United States

United States District Court, D. Minnesota

February 17, 2017

Geshik-O-Binese NMN Martin, Petitioner-Defendant,
v.
United States of America, Respondent-Defendant. Civil No. 15-2210 (DWF)

          MEMORANDUM OPINION AND ORDER

          Donovan W. Frank United States District Judge

         INTRODUCTION

         This matter is before the Court on Petitioner-Defendant Geshik-O-Binese (NMN) Martin's (“Petitioner-Defendant”) pro se motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. (Doc. No. 420.) The United States of America (“the Government”) opposes the Petitioner-Defendant's motions. (Doc. Nos. 447, 486.)

         The Petitioner-Defendant alleges in his § 2255 motion that: (1) his trial counsel was ineffective in advising him to sign a stipulation regarding his Indian status; (2) that insufficient evidence existed to prove his Indian status beyond a reasonable doubt; (3) that his trial counsel was ineffective because he did not communicate a plea offer to him; (4) that his appellate counsel failed to argue prosecutorial misconduct by the United States Attorney's Office; and (5) that his trial counsel failed to raise an intoxication defense and request proper jury instructions for an intoxication defense.

         On August 23, 2016, the Petitioner-Defendant filed the following four pro se motions: (1) motion requesting the Court to issue a subpoena to compel the Red Lake Tribal Court to respond to the Petitioner-Defendant's motions to challenge the trial court's jurisdiction over him for tribal court convictions as well as to order the Red Lake Tribal Court to respond to his jurisdictional challenge to his Tribal Court convictions; (2) motion to amend his § 2255 petition regarding ineffective assistance of his appellate counsel by alleging that his appellate counsel was ineffective because counsel cited erroneous law in making legal arguments and alleging that the Eighth Circuit Court of Appeals incorrectly applied law that was not applicable to the situation presented in his case; (3) motion to stay proceedings related to his § 2255 motion until the Petitioner-Defendant received documentation from the Red Lake Band of Chippewa Indians relating to his arguments pertaining to his Indian status; and (4) motion for issuance of a subpoena or court order to compel the Red Lake Band of Chippewa Indians to respond to the Petitioner-Defendant's various inquiries regarding his nonmember status and lack of recognition by the Red Lake Band.

         PROCEDURAL HISTORY

         In August 2012, a federal grand jury returned an Indictment charging the Petitioner-Defendant, and his codefendants, Edward McCabe Robinson, David John Martin, George Allen Martin, Kevin John Needham, and Terin Rene Stately, with aiding and abetting Murder in the First Degree and aiding and abetting Murder in the Second Degree, all in violation of Title 18, United States Code, Sections 2, 1111, 1151, and 1153(a), and aiding and abetting Robbery in violation of Title 18, United States Code, Sections 2, 1151, 1153(A), and 2111, for their respective roles in the robbery and deaths of Craig David Roy and Darla Ann Beaulieu. (Doc. No. 1.)

         The case was tried before a jury for nine days, beginning on February 25, 2013. Significantly, the Petitioner-Defendant testified on his own behalf before the jury. (Tr. 1352-1431.) During the direct examination by his trial counsel, the Petitioner-Defendant admitted that he was an Indian. (Tr. 1352.) The Petitioner-Defendant testified and claimed that he and his codefendants went to the Roy residence to retrieve David Martin's clothes on January 1, 2011. (Tr. 1362-64.) The Petitioner-Defendant also testified that he alone stabbed the victims, Roy and Beaulieu, and did so in self-defense after Roy became violent. (Tr. 1368-74.) The Petitioner-Defendant was very clear in testifying that his codefendants were not in the Roy residence at the time of the murders. (Id.)

         The jury returned a verdict finding that the Petitioner-Defendant guilty on all counts. (Doc. No. 274.[1])

         On June 21, 2013, this Court sentenced the Petitioner-Defendant to consecutive terms of life imprisonment for the first-degree murder convictions and a concurrent term of 15 years imprisonment for the robbery conviction. (Doc. No. 319.)

         On appeal to the Eighth Circuit, the Petitioner-Defendant argued improper ex parte contact by the undersigned with the jury during jury selection and alleged that the Government failed to prove his Indian status under § 1153, even though he had stipulated and admitted to that fact. United States v. Martin, 777 F.3d 984, 990-94 (8th Cir. 2015). The Eighth Circuit Court of Appeals affirmed the judgment of the district court on February 4, 2015. Id. at 998.

         On June 8, 2015, the United States Supreme Court denied the Petitioner-Defendant's petition for writ of certiorari. Martin v. United States, 135 S.Ct. 2827 (2015).

         On August 17, 2015, the Petitioner-Defendant filed his pro se motion to vacate his sentence pursuant to 28 U.S.C. § 2255. (Doc. No. 420.)

         DISCUSSION

         I. Ineffective Assistance of Counsel

         A. Indian status

         As the Court will discuss below, the outcome of the trial would not have been different without the stipulation. The Petitioner-Defendant testified and acknowledged that he was an Indian. The Eighth Circuit has already decided that the Petitioner-Defendant knowingly and voluntarily entered into the Indian status stipulation and, as the Government points out, the Government would have likely introduced additional evidence with respect to the issue raised by the Petitioner-Defendant to prove that he was an Indian to show federal or tribal recognition in the event the Petitioner-Defendant would have denied at the outset of the trial that he was an Indian.

         As the record clearly establishes, the Petitioner-Defendant's claims regarding the Indian status stipulation were fully litigated on direct appeal. The Petitioner-Defendant's trial counsel was not unreasonable or ineffective in proceeding with ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.