Ninth Circuit – Page 85

Federal Court Denies Habeas Relief to Navajo Man Sentenced to Death (over Navajo Nation’s Wishes)

October 12, 2010Matthew L.M. Fletcher1 Comment

Some of you might remember this case — the Ninth Circuit’s opinion affirming the death sentence was a big part of the discussion at the FBA Indian Law Conference three years back — US v Mitchell CA9 Opinion.

Here is the district court order on habeas review: Order Denying Mitchell Habeas Relief

The Federal Death Penalty Act, 18 USC 3598, requires federal prosecutors to seek tribal concurrence on the death penalty before seeking the sentence for Indian country crime committed by tribal members. So the Ashcroft Dept. of Justice sought the death penalty under a different jurisdictional statute, and successfully avoided the tribal concurrence provision.

Ninth Circuit Rejects Nisqually Challenge to Frank’s Landing Indian Community Tax Agreement

October 4, 2010October 4, 2010Matthew L.M. Fletcher

Here are the materials in Nisqually Indian Tribe v. Gregoire (opinion here):

Nisqually Opening Brief

Frank’s Landing Indian Community Answer Brief

Gregoire Answer Brief

Squaxin Island Answer Brief

Nisqually Reply Brief

Frank’s Landing Supplemental Brief

Gregoire Supplemental Brief

Nisqually Supplemental Brief

Squaxin Island Supplemental Brief

Lower court materials here.

Ninth Circuit Affirms SORNA Conviction (Major Crimes Act is Underlying Conviction)

September 29, 2010Matthew L.M. Fletcher

Here is the unpublished opinion in United States v. George.

An excerpt:

Defendant-Appellant Phillip William George (“George”) was convicted of the federal crime of sexual abuse of a minor on an Indian reservation in violation of 18 U.S.C. §§ 2243(a)and 1153. He served his sentence for that offense, but then he failed to register as a sex offender in violation of the Sex Offender Registration and Notification Act (“SORNA”), 18 U.S.C. § 2250. He was convicted of that offense in 2008, pursuant to a conditional guilty plea, and now appeals that conviction. He contends his conviction is invalid because the state where he was required to register, Washington, had not implemented SORNA. He also argues SORNA’s registration requirement is an invalid exercise of congressional power and violates the Ex Post Facto Clause of the Constitution.

Ninth Circuit Rejects Self-Defense Challenge to Indian Country Conviction

September 21, 2010Matthew L.M. Fletcher

Here is the opinion in U.S. v. Morsette.

An excerpt:

A jury convicted Defendant Richard Charles Morsette ofassault for attacking two people in his home, which is locatedon Rocky Boy’s Indian Reservation in Montana. At trial,Defendant claimed that he acted in self-defense. The districtcourt gave a standard jury instruction on self-defense butdeclined to give Defendant’s additional requested instruction:“In the home, the need for self-defense and property defenseis most acute.” The sole question on appeal is whether theSupreme Court’s recent decisions in District of Columbia v.Heller, 128 S. Ct. 2783 (2008), and McDonald v. City of Chicago,130 S. Ct. 3020 (2010), required the court to give therequested additional instruction. We answer that question“no.”

Opening Brief in Second Ninth Circuit Tribal Court Consecutive Sentencing Case

September 11, 2010Matthew L.M. Fletcher1 Comment

The case is Bustamante v. Valenzuela. And the brief: Appellant’s Opening Brief 9th Cir.100910

Lower court materials are here.

Water Wheel Tribal Court Jurisdiction Case Update

September 8, 2010Matthew L.M. Fletcher1 Comment

The Ninth Circuit denied Water Wheel’s motion to enjoin its eviction from tribal lands. Here are those materials:

CA9 Order on Emergency Injunction

Water Wheel Injunction Motion

Tribal Court Opposition

Water Wheel Injunction Reply

And the briefing is complete. Here are the merits briefs (amicus briefs here):

Tribal Court Opening Brief

Water Wheel Brief

Tribal Court Second Brief

Water Wheel Reply

Ninth Circuit Decides Tribal Court Civil Jurisdiction Case Involving Personal Injury Claim against Non-Indian Company

September 7, 2010Matthew L.M. Fletcher

Here is the unpublished opinion in Town Pump Inc. v. LaPlante.

Here are the materials:

LaPlante Opening Brief

Town Pump Answer Brief

LaPlante Reply Brief

Ninth Circuit Rejects City of Vancouver Challenge to Cowlitz Gaming Ordinance on Standing Grounds

September 1, 2010September 1, 2010Matthew L.M. Fletcher

Here is the unpublished opinion in City of Vancouver v. Skibine (h/t Indianz). And the briefs are here.

US DOJ Opposes Suits against Greenhouse Gas Emitters

August 27, 2010Matthew L.M. Fletcher

Has implications, one would think, in the Native Village of Kivalina case….

From SCOTUSBlog:

This week the Acting Solicitor General filed a brief on behalf of the Tennessee Valley Authority in American Electric Power Co. v. Connecticut, urging the Court to vacate a Second Circuit ruling that would permit lawsuits against greenhouse gas emitters for their contributions to climate change. The New York Times covered the filing (via Gabriel Nelson of Greenwire), as does the San Francisco Chronicle’s Bob Egelko, the Washington Post’s Steven Mufson, and Stephen Power of the Wall Street Journal’s Washington Wire.