A slightly different list than our first post, this post looks at the top cases in Indian law based on hits to the post on Turtle Talk. These can include posts about preliminary matters in the case. Cases will only make one appearance on the list at their highest spot (adding the total number of hits from all posts on a case would not change the top ten list). We made a note when materials from a case made it into the top 20 most downloaded documents of the year.
3. United States v. Fred Paquin, indictment of former Sault Tribe chief of police (the indictment is the 8th most downloaded document of the year).
4. Miranda v. Nielson, federal court rejects tribal stacked sentencing.
5. Saginaw Chippewa Tribe v. Granholm, boundary settlement materials.
6. United States v. Cavanaugh, federal district court dismissal of indictment as previous uncounseled convictions in tribal court could not be used as evidence of “habitual offender” status.
7. Menominee Tribal Enterprises v. Solis, OSHA applies to tribal enterprise (the decision in this case is the 20th most downloaded document for the year).
8. Pacheco v. Massengill, federal district court grants ICRA habeas petition.
9. Attorney’s Process and Investigation Services v. Sac and Fox Tribe, federal court upholds tribal jurisdiction over nonmember.
10. United States v. Tohono O’odham Nation, Supreme Court grants cert.
Lower court materials here.
Here is the order in Miranda v. Nielson [Pascua Yaqui Tribe] (D. Ariz.): Order MSJ Granted.
The Magistrate’s report is here.
Briefs are here:
A federal magistrate has issued a report and recommendation (something not yet binding until the federal judge signs it) holding that Indian tribes do not have authority to sentence convicted criminals to consecutive sentences amounting to more than 1 year (the limit set by the Indian Civil Rights Act).
Here is the report and recommendation — Magistrate Report