District of Arizona – Page 22

Federal Court Denies Habeas Relief to Navajo Man Sentenced to Death (over Navajo Nation’s Wishes)

October 12, 2010Matthew L.M. Fletcher1 Comment

Some of you might remember this case — the Ninth Circuit’s opinion affirming the death sentence was a big part of the discussion at the FBA Indian Law Conference three years back — US v Mitchell CA9 Opinion.

Here is the district court order on habeas review: Order Denying Mitchell Habeas Relief

The Federal Death Penalty Act, 18 USC 3598, requires federal prosecutors to seek tribal concurrence on the death penalty before seeking the sentence for Indian country crime committed by tribal members. So the Ashcroft Dept. of Justice sought the death penalty under a different jurisdictional statute, and successfully avoided the tribal concurrence provision.

Federal Court Rejects Navajo Jurisdiction over Arizona School District — UPDATED

September 30, 2010September 30, 2010Matthew L.M. Fletcher3 Comments

Here is the opinion in Red Mesa USD v. Yellowhair (D. Ariz.): Red Mesa USD Opinion.

Here are the materials:

Red Mesa Motion for Summary Judgment

Navajo Cross-Motion for Summary Judgment

Navajo Response

Red Mesa Reply

Navajo Reply

City of Glendale Sues to Prevent Tohono O’odham Casino

September 22, 2010Matthew L.M. Fletcher

Here is the complaint in City of Glendale v. United States (D. Ariz.): City of Glendale Complaint. News article here, via Pechanga.

And here is the earlier complaint filed in regards to the same casino project, filed by Gila River.

Gila River Sues Interior over Tohono O’Odham Glendale Casino

September 17, 2010Matthew L.M. Fletcher1 Comment

Here is the complaint in Gila River Indian Community v. United States (D. Ariz.): Gila River Complaint.

U.S. Not Liable under FTCA for Off-Reservation Actions of Tribal Police

August 27, 2010Matthew L.M. Fletcher2 Comments

Here are the materials in Shirk v. United States (D. Ariz.):

Order Dismissing Shirk 08-27-10

US Motion to Dismiss Shirk Complaint

Shirk Opposition

US Reply in Support of Motion to Dismiss Shirk

Shirk Surreply

Incidentally, the opinion notes that the officers are immune from suit in state court, too.

Solis v. Desert Diamond Casino — Materials in OSHA Effort to Inspect Tohono O’odham Casino

August 23, 2010Matthew L.M. Fletcher

Here:

Ex parte Application for OSHA Inspection Warrant

OSHA Brief

OSHA Declaration

Disturbing Dicta from Federal Court in Arizona

August 23, 2010August 23, 2010Matthew L.M. Fletcher1 Comment

Here is the offending quote:

In March 2009, plaintiff’s son Andy was struck and killed by a Bashas’ truck backing into a loading dock at a supermarket in Chinle, Arizona. In June 2009, plaintiff brought negligence claims against debtors on behalf of herself and the estate in a Navajo tribal court. Although the parties provide little detail on the status of the tribal case, which also involves claims against a property owner and the driver of the truck, we note that non-Indian entities are not subject to the jurisdiction of the tribal court. Plains Commerce Bank v. Long Family Land & Cattle Co., U.S. , , 128 S. Ct. 2709, 2726 (2008); Montana v. United States, 450 U.S. 544, 101 S. Ct. 1245 (1981). Nevertheless, the entire case was apparently stayed after debtors entered Chapter 11 bankruptcy in July 2009. Motion, Ex. 3 at 2 (“Because of the automatic stay, no serious discovery has been advanced in the Navajo Nation case.”).

Not really true, it just seems that way.

Here is the order: In re Basha’s

And here is a reference to recent scholarship on how dicta becomes law.