Tag Archives: ICRA habeas

ICRA Habeas Petition Dismissed for Failure to Exhaust Tribal Remedies

Here are the materials in Adams v. Elwell (D.N.M.): 1 Habeas Petition 8 DCT Order

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Materials in Kickapoo Tribe of Kansas ICRA Habeas Matter

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 … Continue reading

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ICRA Habeas Matter involving Pueblo of Jemez

Here are the materials so far in Toya v. Casamento (D.N.M.): 1 Habeas Petition 6 Answer 8 Response 9 DCT Order 10 Amended Petition

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ICRA Habeas Matter Involving Pueblo of Kewa

Here are the materials so far in Garcia v. Elwell (D.N.M.): 1 Habeas Petition 4 Warden Response 5 Motion to Dismiss 8 DCT Order

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Federal Magistrate Orders Release of Jemez Pueblo Prisoner for ICRA Violations

Here are the materials in the case now captioned Fragua v. Elwell (D.N.M.): 18 Magistrate Recommendation 20 Magistrate Order of Release Prior post here.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Tribal Codes, tribal courts | Tagged , , , , , | Leave a comment

Federal Magistrate Recommends Immediate Release of Indian Prisoner for ICRA Right to Counsel Violation

Here are the materials so far in Fragua v. Casamento (D.N.M.): 1 Habeas Petition 6 Jailer Response 7 Prisoner Reply 12 Magistrate Report

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Tribal Codes, tribal constitutions, tribal courts | Tagged , , , , | 1 Comment

Ninth Circuit Denies En Banc Petition in Tavares v. Whitehouse

Here are the materials: CA9 Order Denying Petition En Banc Petition Prior posts here.

Posted in Author: Matthew L.M. Fletcher, Research, tribal constitutions, tribal courts, tribal membership | Tagged , , , , , | Leave a comment

Split Ninth Circuit Dismisses ICRA Banishment Challenge

Here is the opinion in Tavares v Whitehouse. Briefs: Appellant Brief Appellee Brief Reply Brief Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Research, Tribal Codes, tribal constitutions | Tagged , , | Leave a comment

Federal Court Dismisses ICRA Suit against Bishop Paiute over Evictions for Failure to Give Notice to Tribe

Here are the materials in Napoles v. Rogers (E.D. Cal.): 1-complaint 6-motion-for-tro 8-dct-order-denying-motion

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Federal Court Rejects ICRA Habeas Effort to Avoid Paying Tribal Court Costs (after a failed election dispute)

Here are the materials in Scudero v. Moran (D. Alaska): 17-motion-to-dismiss 18-response 23-reply 24-second-response 27-second-reply 29-order

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts, tribal election | Tagged , , , , | Leave a comment