State v. Walker

Summary

The Supreme Court of Montana affirmed the denial of John D. Walker’s motion to dismiss a felony DUI charge enhanced by prior convictions. The court held that Walker’s prior Fort Belknap Tribal Court DUI conviction could be used for enhancement because its validity was governed by tribal law and comity principles, rather than state or federal Sixth Amendment standards.

Holdings

1. A valid tribal-court DUI conviction may be used to enhance a Montana DUI charge when the conviction was regular under the law of the tribe that rendered it, even if the proceeding would not satisfy the Sixth Amendment or Montana constitutional standards applicable in Montana courts.
2. The District Court properly denied Walker's motion to dismiss because the Fort Belknap DUI conviction, together with two unchallenged prior DUI convictions, supported enhancement of the current DUI charge to a felony.

Questions Presented

1. Whether Walker's 1992 Fort Belknap Tribal Court DUI conviction could be used to enhance his current DUI charge despite his claim that the tribal court failed to provide or advise him of a constitutional right to counsel.
2. Whether the validity and regularity of a tribal-court conviction used for state sentencing enhancement must be determined under federal and Montana constitutional standards or under the law of the tribe that rendered the conviction.
3. Whether the District Court properly denied Walker's motion to dismiss the felony DUI charge.

Disposition

affirmed