Northern District of California

Habeas Petition Challenging Peremptory Striking of Native Jurors Dismissed

February 24, 2011February 24, 2011Matthew L.M. Fletcher

Here is the order in Munoz v. McDonald (N.D. Cal.): Munoz v McDonald.

An excerpt:

Appellant, who is Native American, argues that he was denied a fair trial because the prosecution used its peremptory challenges to exclude three of the five Native American prospective jurors on the panel and no Native Americans were seated on the jury. In addition to the three jurors excused by peremptory challenge, the court excused for hardship reasons prospective juror R.B., the tribal chairperson for the Elem Indian Colony. After the jury was sworn, but before opening statements, the court excused for cause an alternate juror described by defense counsel as “the only Native American juror that we have” after it came to light that the juror had failed to disclose information about his prior arrests and convictions. Appellant does not challenge the court’s decision as to either of those two jurors.] We disagree.

Federal Court Interpretation of 25 U.S.C. 1914 and Ineffective Assistance of Counsel

October 1, 2010Matthew L.M. Fletcher1 Comment

An effort to persuade a federal court to review a state court action in an Indian Child Welfare Act case partially succeeds in Kirk v. Baldovinos (N.D. Cal.):

Kirk DCT Order

Alameda County Motion to Dismiss

Kirk Opposition

Alameda County Reply

California Response to Order to Show Cause

The only federal claim remaining is the ineffective assistance of ICW counsel:

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Materials in Mishewal Wappo Federal Recognition Case

July 31, 2010Matthew L.M. Fletcher

Here are materials in Mishewal Wappo Tribe of Alexander Valley v. Salazar (N.D. Cal.):

Mishewal Wappo Complaint

Counties Motion to Dismiss

Cloverdale Rancheria Complaint for Federal Recognition

July 31, 2010Matthew L.M. Fletcher

Here is the complaint in Cloverdale Rancheria of Pomo Indians v. Salazar (N.D. Cal.): Cloverdale Rancheria Complaint

Federal Court Orders Reconsideration of Discovery in Big Lagoon Rancheria Good Faith Negotiation Case

July 15, 2010Matthew L.M. Fletcher1 Comment

As a result of the Rincon decision….

Here: DCT Order Granting Reconsideration.

Original protective order here.

Elem Colony Casino Development Contract Voided; Arbitration Vacated

May 27, 2010Matthew L.M. Fletcher

Here are the materials in Elem Indian Colony of Pomo Indians v. Pacific Development Partners X (N.D. Cal.):

DCT Order Denying Motion to Modify Arbitral Award

PDP Motion to Vacate or Modify Arbitral Award

Elem Opposition to Motion to Vacate

PDP Reply re Motion to Vacate

Eleventh Amendment Does Not Bar Discovery in IGRA Bad Faith Action (In Cal. Only)

April 30, 2010April 30, 2010Matthew L.M. Fletcher2 Comments

Here are the materials in Big Lagoon Rancheria v. California (N.D. Cal.):

DCT Order on Motion for Protective Order

Cali Motion for Protective Order

Big Lagoon Opposition

Cali Reply

Prior materials on this case (holding that Cal. has waived its 11th Amendment immunity under IGRA) are here.

Wilton Miwok Settlement Threatened by Possible Statute of Limitations Problem

March 4, 2010Matthew L.M. Fletcher

The case is Wilton Miwok Rancheria v. Salazar, and involves an agreement to take land into trust for the tribe (both the Me-Wuks and the Miwoks) for gaming purposes. After the settlement was entered and approved by the court, intervenors (Sacramento County and City of Elk Grove) argued that the suit came too late under 28 U.S.C. 2401(a).

A few years back in John R. Sand and Gravel, the Supreme Court said that the statute of limitations under section 2402 (allowing claims against the US in the court of federal claims) was jurisdictional and could not be waived. Two circuits have held that section 2401 is also jurisdictional. Perhaps the Quiet Title Act also is jurisdictional (section 2409).

In this case, the court followed Ninth Circuit precedent decided before John R. and held that section 2401 is not jurisdictional, but specially allowed for an interlocutory appeal to the Ninth Circuit for review, and stayed the judgment.

Here are the materials:

Wilton Miwok DCT Order on Motion to Vacate

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