Tag Archives: ICRA habeas

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

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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 , , , , | Leave a 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

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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

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Federal Court Transfers Kewa Pueblo Prisoner’s ICRA Habeas Matter to District of Colorado

Here are the materials in Cheykaychi v. Geisen (D.N.M.): 1 Habeas Petition 4 DCT Order to Show Cause 9 Response to 4 10 DCT Order Tranferring Case to D. Colo.

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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

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

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

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

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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