habeas

Federal Court Grants Habeas Relief to State Prisoner for Crime Committed on Indian Lands [Public Law 280]

Matthew L.M. Fletcher

Here are the materials in Berry v. Baca (D. Nev.):

1-1 Habeas Petition

7 Nevada Motion to Dismiss

10 DCT Order Granting Motion

13 Motion for Relief from Judgment

18 Nevada Response

22 Reply

23 DCT Order Granting Petition

California COA Grants Habeas Petition of Oklahoma Indian w/ AIM Ties Who Was Denied Parole

Matthew L.M. Fletcher

Over a dissent, I might add. Here is the opinion in In re Stoneroad:

A132591

 

Prisoner Habeas Challenges to State of Utah Jurisdiction over Indian Country Fail

Matthew L.M. Fletcher

Here are the opinions in Reber v. Payne and Atkins v. Payne (D. Utah):

Reber v. Payne

Atkins v. Payne

Ninth Circuit Declines Jurisdiction over Pechanga Disenrollments

Matthew L.M. Fletcher3 Comments

Here is the opinion in Jeffredo v. Macarro. There was a dissent (by a district court judge sitting by designation), however, which seemed to focus on the apparent “greed” of the Pechanga people in disenrolling tribal members.

Here are the briefs:

Jeffredo Opening Brief

Macarro Answering Brief

Jeffredo Reply Brief

An excerpt from the majority: Continue reading →

Federal Court Dismisses “Habeas” Claim against Pechanga Band

Matthew L.M. Fletcher

Here is the opinion in Liska v. Macarro, where a non-enrolled Pechanga man tried to enter the reservation, was turned away, and sued in federal court (S.D. Cal.) on a habeas theory — Liska v Macarro DCT Order

The materials:

Liska Complaint (Habeas)

Pechanga Motion to Dismiss

Liska Response Brief

Pechanga Reply Brief

Banished Snoqualmie Citizens Win Case

Matthew L.M. Fletcher

Here is the opinion in Sweet v. Hinzman (W.D. Wash.) — findings-and-conclusions

Here is our earlier post, with links to materials.

Section 1303 Tribal Court Exhaustion — Bercier v. Turtle Mountain Tribal Court

Matthew L.M. Fletcher

bercier-v-turtle-mountain-tribal-court

DCT Takes Jurisdiction over Snoqualmie Banishment Question

Matthew L.M. Fletcher1 Comment

H/T Indianz

snoqualmie-dct-order

Here are the materials and briefs.

Gordon v. House Materials

Matthew L.M. Fletcher

Coverage from Indianz on this case (here).

Here are the materials:

house-opening-brief

new-mexico-answering-brief

house-reply-brief

ca10-opinion-gordon-v-house

Primeaux v. Dooley – Preemptory Striking of Indian Jurors

Matthew L.M. Fletcher

Here is the opinion from the South Dakota Supreme Court.

Like all the other cases on this subject, the court held that striking American Indians from the juror pool does not create enough racial disparity to justify reversal of a conviction of an American Indian. If Indians are too small a percentage of the general population in South Dakota, where would there ever be a violation?