Tag Archives: ICRA habeas

Tenth Circuit Rejects ICRA Claims against Ute Tribe

Here is the unpublished opinion in Oviatt v. Reynolds. Briefs: opening brief response brief reply

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , ,

Federal Magistrate Recommends Granting ICRA Habeas Petition of Kewa Pueblo Prisoner [Van Pelt III]

Here are the materials in Van Pelt III v. Geisen (D.N.M.): 1 Habeas Petition 2 Amended Petition 18 Answer 19 Motion to Release 25 Tribe Brief 33 Magistrate Report

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, tribal courts | Tagged , , , ,

Federal Magistrate Recommends Granting ICRA Habeas Petition of Kewa Pueblo Prisoner [Tortalita]

Here are the materials in Tortalita v. Geisen (D.N.M.): 1 Habeas Petition 7 Motion to Release 24 Tribe Brief 33 Magistrate Report

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, tribal courts | Tagged , , , ,

Federal Magistrate Recommends Granting ICRA Habeas Petition of Kewa Pueblo Prisoner [Garcia]

Here are the materials in Garcia v. Geisen (D.N.M.): 1 Habeas Petition 15 Motion for Release 27 Tribe Brief 36 Magistrate Report

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, tribal courts | Tagged , , , ,

Federal Court Dismisses ICRA Suit re: Elem Indian Colony of Pomo Indians Disenrollments

Here are the materials in John v. Garcia (N.D. Cal.): 74 Motion to Dismiss 76 Opposition 77 Reply 84 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research, tribal membership | Tagged , , , ,

Federal Court Dismisses Habeas Petition by Kickapoo Member for Failure to Exhaust Tribal Remedies

Here are the materials in Darnell v. Merchant (D. Kan.): 1 Habeas Petition 15 Response 17 Reply 33 DCT Order An excerpt: Petitioner Bobbie Darnell, a member of the Kickapoo Tribe in Kansas (the “Tribe”), filed a Petition for Writ … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , ,

Federal Court Finds Tribal Court Exhaustion Futile, Grants ICRA Habeas Petition

Here are the materials in Toya v. Toledo (D.N.M.): 10 Amended Habeas Petition 13 Answer 16 Reply 18 Magistrate Report 19 DCT Order Adopting Magistrate Report Prior post here.

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

Tavares v. Whitehouse Cert Petition (United Auburn Indian Community Banishment)

Here: Cert Petition Question presented: This case presents a question that divides the circuits: Should the “detention” requirement for habeas review under the ICRA be construed “more narrowly than” the “custody” showing required under other federal habeas statutes? Lower court … Continue reading

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

Federal Court Orders Indian Prisoner to Add Charging Tribe to Suit in ICRA Habeas Action

Here is the order in Talk v. Southern Ute Detention Center (D.N.M.): 8 DCT Order

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, tribal courts | Tagged , , ,

ICRA Habeas Claim Arising from Bishop Paiute Reservation Inter-tribal Property Dispute Dismissed

Here are the materials in Napoles v. Rogers (E.D. Cal.): 19 Motion to Dismiss 20-1 Tribal Judge Motion to Dismiss 25 Opposition to 20 26 Opposition to 19 32 Reply in Support of 20 34 Reply in Support of 19 … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , ,