ICRA Habeas Petition Dismissed for Failure to Exhaust Tribal Remedies

Here are the materials in Adams v. Elwell (D.N.M.):

1 Habeas Petition

8 DCT Order

Materials in Kickapoo Tribe of Kansas ICRA Habeas Matter

Here are the materials so far in Darnell v. Merchant (D. Kan.):

1 Habeas Petition

10 DCT Order to Show Cause

12 Motion to Disqualify Counsel

15 Response to 1 & 10

16 Response to 12

18 Reply in Support of 1 & 10

20 Magistrate Order

An excerpt:

Darnell was convicted on March 9, 2017 in two cases before the Tribal Court of tampering with records, fraudulent handling of recordable instruments, and misuse of tribal funds. Although initially released on a cash bond pending sentencing, Darnell was subsequently arrested and has been incarcerated in the Brown County, Kansas Jail since March 31, 2017. On April 14, 2017, Darnell filed her petition for a writ of habeas corpus (the “Petition”). On April 24, 2017, Darnell was sentenced to 18 months and 22 months incarceration, to run concurrently, on her conviction in the two cases. On May 4, 2017, Darnell filed a supplement to her Petition. In her Petition and supplement, Darnell alleges that the Tribal Court committed a number of errors and improprieties with regard to her trial, sentencing, and incarceration, and that she was deprived of her liberty without due process of law as required under the Indian Civil Rights Act. Lemon served as Special Prosecutor for the Kickapoo Tribe in prosecuting Darnell and tried her jury trial that is the subject of this habeas corpus action.

ICRA Habeas Matter involving Pueblo of Jemez

Here are the materials so far in Toya v. Casamento (D.N.M.):

1 Habeas Petition

6 Answer

8 Response

9 DCT Order

10 Amended Petition

ICRA Habeas Matter Involving Pueblo of Kewa

Here are the materials so far in Garcia v. Elwell (D.N.M.):

1 Habeas Petition

4 Warden Response

5 Motion to Dismiss

8 DCT Order

Federal Magistrate Orders Release of Jemez Pueblo Prisoner for ICRA Violations

Here are the materials in the case now captioned Fragua v. Elwell (D.N.M.):

18 Magistrate Recommendation

20 Magistrate Order of Release

Prior post here.

Federal Magistrate Recommends Immediate Release of Indian Prisoner for ICRA Right to Counsel Violation

Here are the materials so far in Fragua v. Casamento (D.N.M.):

1 Habeas Petition

6 Jailer Response

7 Prisoner Reply

12 Magistrate Report

Ninth Circuit Denies En Banc Petition in Tavares v. Whitehouse

Here are the materials:

CA9 Order Denying Petition

En Banc Petition

Prior posts here.

Split Ninth Circuit Dismisses ICRA Banishment Challenge

Here is the opinion in Tavares v Whitehouse.

Briefs:

Appellant Brief

Appellee Brief

Reply Brief

Lower court materials here.

Federal Court Dismisses ICRA Suit against Bishop Paiute over Evictions for Failure to Give Notice to Tribe

Here are the materials in Napoles v. Rogers (E.D. Cal.):

1-complaint

6-motion-for-tro

8-dct-order-denying-motion

Federal Court Rejects ICRA Habeas Effort to Avoid Paying Tribal Court Costs (after a failed election dispute)

Here are the materials in Scudero v. Moran (D. Alaska):

17-motion-to-dismiss

18-response

23-reply

24-second-response

27-second-reply

29-order