Here:
Miranda v. Nielson
Top Ten Indian Law Cases of 2010 on Turtle Talk
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.
1. Wells Fargo v. Lake of Torches EDC, post with materials on the case (the final decision post would be number 6 on this list; the final opinion is the 10th most downloaded document of the year).
2. Red Earth LLC v. United States, preliminary injunction in PACT Act case (additional materials in this case would be number 10 on this list).
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.
Prisoner Response Brief in Miranda v. Nielson (Ninth Circuit)
Federal Government’s Opening Brief in Miranda v. Anchando (Pascua Yaqui)
Opening Ninth Circuit Brief in Miranda v. Nielson — Consecutive Sentencing Case
Here:
Miranda 9th Cir. Appellants Brief Final as Filed
Miranda 9th Cir. Addendum to Appellants Brief as filed
Lower court materials here.
Bustamante v. Valenzuela Magistrate Report Rejects Consecutive Tribal Court Sentences
Here is the magistrate R&R in this matter, a companion case to Miranda v. Nielson (D. Ariz.), though a different federal judge will review this report, so we’ll see.
Bustamante Report and Recommendation
Briefs are here.
Companion Case to Miranda on Tribal Court Authority to Issue Consecutive Sentences
This one is called Bustamante v. Valenzuela, and will be decided by a different judge than the Miranda case. Here are the materials:
PYT Motion for Summary Judgment
Federal Court Rejects Stacked Sentences in Tribal Courts — UPDATED
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:
Tribes X Motion Summary Judgment Habeas-Miranda
PYT Objection to Magistrate Report
Miranda v. Nielson — Tribal Court Authority to Stack Consecutive Sentences
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
Turtle Talk 