Gila River Indian Community

Federal DCT Decides ICRA Right to Counsel Case Out of Gila River Criminal Court

Matthew L.M. Fletcher

Here are the materials in Jackson v. Tracy (D. Ariz.):

Tribal Court Materials

GRIC Brief

R&R Denying Jackson Motion

DCT Order Accepting R&R

UPDATE (9/21/12): Amended DCT Order

Gila River Indian Community Chief Prosecutor Job Opening Announcment

Matthew L.M. Fletcher

Here.

Federal Court Denies ICRA Habeas Writ in Right to Counsel Case

Matthew L.M. Fletcher

Here is the order.

This could be a case to watch if the dicta in United States v. Lara is to be believed.

Update in Shirk v. Tanakeyowma (ISDEAA Sovereign Immunity Case)

Matthew L.M. Fletcher3 Comments

Here are the federal government’s pleadings in that case (and all the rest of the materials moved here as well):

Proposed United States’ Amicus Brief

Resp to USA’s Amicus Brief

Brief of Amicus Curiae in Opposition to Pltf.’s Motion to Set Aside Judgment

USA’s Mtn to Dismiss

USA’s Reply on MTD

Order Granting Rule 60 Relief (main opinion)

Under Advisement Ruling

Notice of Appeal

 

Gila River Advertises Appeals Judge Opening

Matthew L.M. Fletcher

Here is the position description.

Shirk v. City of Chandler (Arizona State Court): Indian Self-Determination Act as General Waiver of Tribal Immunity

Matthew L.M. Fletcher2 Comments

Apparently, plaintiffs in Arizona have begun to file tort cases that are not within the scope of the Federal Tort Claims Act against Indian tribes and tribal employees in state court on the theory that 25 USC sec. 450f(c) is a waiver of tribal sovereign immunity for claims that don’t fall within the FTCA.

Here are the materials in one such case:

Motion to Set Aside Judgment 12.22.10

 

 

 

Gila River Indian Community Amicus Brief 06-08-11

 

US Motion for Leave to File Amicus Brief 06.01.11

Amended Opposition to Motion to Set Aside 02.02.11

Reply on Motion to Set Aside 02.18.11

Doc 43 – Order of Dismissal in FTCA Action 08.27.10

Third Consecutive Sentencing Decision from Arizona Federal Courts — Alvarez v. Tracey

Matthew L.M. Fletcher

Here are the materials:

R&R 12-13-10

Order Unsealing R&R 12-20-10

Order on Motion for Partial SJ 03-31-11

An excerpt:

The Court concludes that, for purposes of § 1302(7), two charges are differentoffenses if each “requires proof of a fact which the other does not,” regardless of whetherthey arise from the same transaction. See Blockburger, 284 U.S. at 304. Applying thisdefinition to Petitioner’s case, § 1302(7) has not been violated by his convictions andpunishment. Petitioner’s own description suggests that each offense required proof of a factthat the others did not. The Court will accept the R&R and deny Petitioner’s motion forpartial summary judgment.

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

Matthew 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.

Tribal Amicus Briefs in Miranda v. Anchando/Nielson/Pascua Yaqui

Matthew L.M. Fletcher2 Comments

Here:

GRIC Miranda Amicus Brief

T O Miranda Amicus Brief

Other briefs and materials here and here.

Update on Tohono O’odham Nation Suit re: Off-Reservation Fee to Trust

Matthew L.M. Fletcher1 Comment

Previous post with complaint here. The Gila River Indian Community has attempted to intervene in opposition to TON’s off-rez fee to trust application/suit.

Updated materials here:

USA Motion to Transfer

TON Opp to Motion to Transfer

DCT Order Denying Motion to Transfer

USA Response to TON Motion for Summary Judgment

City of Glendale Motion for Summary Judgment

Gila River Amicus Brief

Gila River Motion to Intervene

Gila River Proposed Opposition to TON Motion for Summary Judgment