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

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

Ninth Circuit Declines Jurisdiction over Pechanga Disenrollments

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

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

Primeaux v. Dooley – Preemptory Striking of Indian Jurors

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?