ICRA habeas – Page 5

ICRA Habeas Claim Arising from Bishop Paiute Reservation Intra-tribal Property Dispute Dismissed

July 12, 2017November 26, 2018Matthew L.M. Fletcher

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

19 Motion to Dismiss

20-1 Tribal Judge Motion to Dismiss

25 Opposition to 20

26 Opposition to 19

32 Reply in Support of 20

34 Reply in Support of 19

37 DCT Order

An excerpt:

At the core of this case is an intra-tribal dispute regarding the ownership of certain parcels of land on the Bishop Paiute reservation located in eastern California. The amended petition alleges petitioners were unlawfully detained by respondents when they were denied access to their family land and were cited for trespass when attempting to enter the disputed land. Petitioners are all descendants of Ida Warlie, who purportedly received an assignment of eleven lots on the Bishop Paiute reservation in 1941, in exchange for relinquishing possession of other land in Inyo County. These lots were purportedly then assigned to her descendants, petitioners here, following her death. According to petitioners, a land assignment ordinance enacted by the members of the Bishop, Big Pine, and Lone Pine Reservations in 1962 validated all prior land assignments, including Ms. Warlie’s. This ordinance was enacted by the Owens Valley Board of Trustees, which governs a number of tribes now living in the Owens Valley of California, including those on the Bishop Paiute reservation.

Federal Court Transfers Kewa Pueblo Prisoner’s ICRA Habeas Matter to District of Colorado

July 7, 2017Matthew L.M. Fletcher

Here are the materials in Cheykaychi v. Geisen (D.N.M.):

1 Habeas Petition

4 DCT Order to Show Cause

9 Response to 4

10 DCT Order Tranferring Case to D. Colo.

ICRA Habeas Petition Dismissed for Failure to Exhaust Tribal Remedies

June 29, 2017Matthew L.M. Fletcher1 Comment

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

June 19, 2017June 19, 2017Matthew L.M. Fletcher

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.