Tenth Circuit Vacates Convictions In Indian Country Sex Cases For Burden Shifting

Man is convicted of sex crimes in Indian country against an Indian victim under statute that applies if either the perpetrator or victim is an Indian—but does not apply if both are. Man: The feds didn't show I am not an Indian. Feds: That's your fault for not objecting to the jury instructions. Tenth Circuit: That's your fault for not proving an essential element of the crime. Convictions reversed.

The case is United States v. Simpkins, No. 22-7048 (10th Cir. Jan. 24, 2024).