Criminal – Page 106 – Turtle Talk

Ronald F. Romero, an enrolled member of the Pueblo of Nambé, through counsel filed a petition for a writ of habeas corpus pursuant to 25 U.S.C. § 1303 to seek relief after a tribal court conviction. The district court dismissed Romero’s petition as moot after the Pueblo commuted Romero’s sentence to time served and released him from tribal custody. We have jurisdiction pursuant to 28 U.S.C. § 1291, and affirm.

Tenth Circuit Affirms General Crimes Act Conviction at Pojoaque Pueblo

May 8, 2012May 8, 2012Matthew L.M. Fletcher

Here is the opinion in United States v. Diaz. And the briefs:

Diaz Opening Brief

US Response Brief

Diaz Reply Brief

An excerpt:

Linda Diaz was convicted of knowingly leaving the scene of a car accident where she hit and killed a pedestrian. The accident occurred on the Pojoajue Pueblo Indian reservation. She was charged with committing a crime in Indian Country under 18 U.S.C. § 1152. On appeal, among other issues, Diaz contends the federal court lacked jurisdiction over the crime because the government failed to prove that the victim was not an Indian, a jurisdictional requirement under § 1152.

We conclude the government met its burden of proof. The testimony of the victim’s father provided enough evidence for a jury to conclude the victim was not an Indian for purposes of the statute. We also conclude the district court did not err in its rulings on various other evidentiary and trial issues.

News Coverage of FBI Investigation of Former Pequot Leaders

May 4, 2012Matthew L.M. Fletcher1 Comment

Here, via Pechanga.

And here are the bankruptcy petitions of Michael and Steven Thomas (Steven’s failed):

Michael J. Thomas Bkrcy Petition

Steven J. Thomas Bkrcy Petition

Eid/Heffelfinger Letter to the House re: VAWA Reauthorization

May 1, 2012Matthew L.M. Fletcher

Here:

VAWA 4.30.12 Support Ltr

Opposition Letter to Title IX of VAWA Reauthorization from Federal Defenders (and Commentary)

April 25, 2012Matthew L.M. Fletcher3 Comments

Here:

NACDL and NAFD VAWA Letter 4 23 12

I find it odd that there’s such a heavy reliance on the testimony from the 1960s in the years leading to the passage of the Indian Civil Rights Act in this letter. Barbara Creel’s work is much more formidable and persuasive, probably because it’s not such a direct assault on all tribal courts using such broad (and now largely inaccurate) generalizations. Later this week, I’ll be presenting a paper about the 1977-79 NAICJA study on tribal courts where David Getches pointed out the direct analogy between tribal and rural justices systems — that analogy is still present, with all its plusses and minuses. I am persuaded that that’s a much more direct analysis (see also here). Most tribal courts aren’t going to be like federal courts; neither are magistrates and JOPs in rural New York or Iowa or Arizona.

Tova Indritz’s efforts to criticize the Tribal Law and Order Act a few years back are in this hearing:

TLO House Judiciary Hearing (Dec 2009)