Criminal – Page 101 – Turtle Talk

Interesting case involving whether the Tribal Law and Order Act can be retroactively applied to a Gila River Indian Community conviction. Here are the materials in Johnson v. Tracy (D. Ariz.):

Johnson Habeas Petition

GRIC Response to Petition

R&R Recommending Denial of Writ

Federal Defenders Amicus Brief

GRIC Response to Amicus Brief

DCT Order Rejecting R&R

Navajo SCT Rules that Criminal Sentences Presumed to be Concurrent

September 30, 2012Matthew L.M. Fletcher

Here is the court’s opinion in Baker v. Greyeyes.

From the court’s syllabus:

The Court grants a writ of habeas corpus filed after 6 months incarceration by an inmate serving time on multiple sentences in which it had not been specified how the sentences would run, holding that, when not stated in a judgment, multiple sentences are presumed to run concurrently.

BIA/DOJ Tribal Court Training Announcements

September 18, 2012Matthew L.M. Fletcher

Here:

Training Announcement (Trial Advocacy)-Chinle, AZ

Training Announcement (Trial Advocacy)-Seattle, WA

Prior announcement was here.

Navajo SCT Denies Habeas Relief in Juvenile Right to Counsel Case

September 14, 2012Matthew L.M. Fletcher

Here is the opinion in In re M.C.

The court’s syllabus:

The Court denies a petition for writ of habeas corpus, holding that 9 NNC 1310(A), which provides for a child’s right to assistance of counsel at “all proceedings alleging the delinquency of a child” does not attach at a detention hearing that must be held within 24 hours of detention, on the basis that detention hearings address further detention, not the merits of the charges, to which young men and women are able to speak for themselves.