Author: Matthew L.M. Fletcher

Ohio Appellate Court Rejects Claim to Immunity from State Regulation Alleged by Fake Indian

Matthew L.M. Fletcher1 Comment

Here is the opinion in State v. O’Connor:

State v O’Connor

An excerpt:

Appellant urges that he (or his alter ego Noble Bull Horn Sirius O’Connor Bey) is a member of a Native American tribe called the Washitaw Nation of Muurs or Washitaw Tribe of Moors; that such tribe is not required to abide by the laws of Ohio; that he is permitted to drive in Ohio without a license as long he is not engaged in commercial driving; and that Arian S. O’Connor no longer exists as a person because a trust was formed that somehow involves the name or persona of Arian S. O’Connor. The alleged basis for all these beliefs is not clear from the record. At least two Federal Courts of Appeals have declared that the Washitaw Nation of Muurs is fictional and is not recognized by the United States Government. Bybee v. City of Paducah, 46 Fed.Appx. 735, 736 (6th Cir.2002); Sanders–Bey v. U.S., 267 Fed.Appx. 464, 466 (7th Cir.2008). The record is clear that Appellant, under the name Arian S. O’Connor, once had a driver’s license, that this license was suspended by the Youngstown Municipal Court, and that he is responsible for the offense of driving in Austintown on September 14, 2013, while his license was still suspended. Appellant’s attempt to obscure these basic facts by reference to a fictional Native American tribe is unpersuasive.

Fake Indian Habeas Challenge to State Conviction Fails

Matthew L.M. Fletcher

Here is the opinion in Metaphyzic El-Ectroraagnetic Supreme-El v. Director, Dept. of Corrections (E.D. Va.):

27 DCT Order

An excerpt:

Additionally, in Claims 8 and 9, Supreme–El argues that the Virginia courts violated “Article 39 of Rights of Indigenous Peoples,” because “Moorish nationals operate through a fee simple absolute estate lien,” (§ 2254 Pet. 11–D), and violated the “Universal Declaration of Human Rights” because “officers hindered Petitioner in his official duties” and “deprived the Petitioner of his nationality,” through an arbitrary arrest and detention (id. at 11–E). Supreme–El fails to demonstrate that the “Rights of Indigenous Peoples” and “Universal Declaration of Human Rights” entitle him to federal habeas relief. See Bey v. Ohio, No. 1:11–CV–01048, 2011 WL 4007719, at *2 (N.D.Ohio Sept. 9, 2011)(explaining that the “ ‘Universal Declaration of Humans Rights’ “ … and “ ‘Rights of Indigenous Peoples 1994’ … are not recognized by United States courts as legally binding”).

2015 ILSA Keynote Speaker Kevin Washburn

Matthew L.M. Fletcher

  

Richard Monette introducing the assistant secretary

  

Prominent audience members, including Ada Deer

   

 

2015 ILSA First Panels

Matthew L.M. Fletcher

Craig Corn

  

MSU Alum/ILSA Secretary Kathryn Allen

  

Bonnie Shucha

  

Nicholas Duke, Elliott Milhollin, and David Wilson

  

2015 ILSA Conference

Matthew L.M. Fletcher

Selfies with former students

Fletcher and Fred Urbina (PLSI ’05)

  

Fletcher and Melissa Burkland (UND ’06)

  

Madison, Wisconsin 

  

 

Mino Diibiishkan Mom!

Matthew L.M. Fletcher1 Comment

It’s my mom’s birthday today! She’s 39, younger than I am now.



She designed and made these lovely ribbon shirts.



And she’s a huge Star Wars fan





Yes she designed these too. 

And this is her mom Laura and her auntie Phoebe

  



Public Radio Profile of DV Prosecutions at Pascua Yaqui

Matthew L.M. Fletcher

Here.

An excerpt:

FRED URBINA: In 19 of our cases, we had 18 children involved; the average age being around 4 years old. Some of them were assaulted. A lot of times it was the children that were calling to report these domestic violence incidents. 
MORALES: The Justice Department chose the Pascua Yaqui to pilot the program because they have state certified judges and lawyers and a brand new courthouse and jail. Police Chief Michael Valenzuela says the old jail was a two-bedroom house with a cage. 
M. VALENZUELA: In the past, if someone was in jail people could go outside and knock on the window and talk – yeah and they did. We’d have to shoo them away. It was not safe. We had people assaulted. 
MORALES: Now, thanks to federal stimulus money, they have a 65,000-square-foot justice complex. 


Washington SCT Decides State v. Shale, State Criminal Jurisdiction under PL280 over Nonmember Indians

Matthew L.M. Fletcher

Here is the opinion.

We posted briefs here.

Criticism of the reasoning behind the decision is coming fast and furious. Here is Anthony Broadman’s take.

New Mexico Appleseed Job Posting

Matthew L.M. Fletcher

New Mexico Appleseed

STAFF ATTORNEY

Santa Fe, New Mexico (possibly Albuquerque)

Practice Areas:  Hunger, homelessness, community development, poverty law, Native American

Job Description

The Staff Attorney is responsible for high-quality research, analysis, and writing for the organization on a wide variety of poverty-related issues such hunger, homelessness, and foster care.  Primary responsibilities include legal research and writing, policy analysis and advocacy, legislative drafting, negotiation, community education, and collaboration with non-profit, community-based, and governmental organizations.  This position does not involve litigation or individual client representation.  Diverse candidates are encouraged to apply.

 

Qualifications

  • Proven track record of superb, detail-oriented legal and policy research and writing. Candidate must be able to identify issues; research relevant statutes, regulations, and guidance at all levels of government; summarize them accurately, succinctly, and coherently; and edit his or her own work.
  • Deep, proven commitment to public service.
  • Proven ability to work with a wide array of professionals and community members from varying backgrounds
  • Willingness to work “law firm” hours on a fairly regular basis.
  • Ability to create and use Excel spreadsheets and do basic math.
  • Bar admission in any state preferred; willingness to take the New Mexico Bar required.
  • One to five years of experience as an attorney required.
  • Two to five years of experience doing advanced research and writing preferred.
  • Clerkship a major plus
  • Journal experience a plus.
  • Connection and/or commitment to New Mexico a plus.

Responsibilities:

  • Develop and maintain expertise in the laws, regulations, and guidance for housing and child welfare programs, USDA meal programs, and other areas related to poverty or public benefits as needed.
  • Research and write legislative reports, memos for internal and external distribution, fact sheets, talking points, and presentations.
  • Give formal and informal presentations to a variety of audiences, including legislators, state and federal agencies, and community members.
  • Advocate in a collaborative and positive manner for policy change with state agencies, school districts, and community stakeholders.
  • Work with community stakeholders to implement policies at state and local levels.
  • Draft legislation, regulations, and MOUs.
  • Occasional travel around New Mexico and the Navajo Nation is required. Longer-distance travel may be required infrequently.
  • Other duties as assigned by the Executive Director.

 

Personal Qualities:

  • Intellectually curious, with a passion for research and writing
  • Highly detail-oriented
  • Very organized and able to prioritize projects
  • Extremely hard and dedicated worker
  • Flexible and easygoing
  • Willing to do both the exciting policy work and the less exciting grunt work involved with a small nonprofit
  • Self-starter
  • Ability to take and offer constructive criticism
  • Sense of humor
  • Can communicate with anyone from all walks of life

Salary:  Depending Upon Experience. Great office atmosphere and generous vacation.

Application Instructions:

To apply, send a cover letter, law school transcript, writing sample and resume to Jennifer Ramo at jramo@nmappleseed.org.

 

Trust Breach Claims for Compensation re: Flooding of Cheyenne River Sioux Reservation Dismissed

Matthew L.M. Fletcher

Here are the materials in LeBeau v. United States (D. S.D.):

11 US Motion to Dismiss

14 Opposition

17 Reply

18 DCT Order

An excerpt:

Plaintiffs’ claims accrued decades ago and are therefore barred by the statute of limitations. As this court stated in 2013, it is sympathetic to the claims made by plaintiffs. But even sympathetic claims must comply with jurisdictional requirements. Because there is no valid waiver of sovereign immunity, this court has no jurisdiction to entertain this suit. Plaintiffs may deserve compensation, but that compensation must come from Congress.

Prior suit materials are here.