Reeves v. Tulalip Tribes, (2010)

• Decision Date: 12 April 2010
• Docket Number: TUL-CR-DV-2009-0510
• Parties: CONRAD REEVES, PETITIONER, v. THE TULALIP TRIBES, RESPONDENT.
• Court: Tulalip Tribal Court of Appeals

CONRAD REEVES, PETITIONER, v. THE TULALIP TRIBES, RESPONDENT.

No. TUL-CR-DV-2009-0510

Tulalip Tribal Court of Appeals Tulalip Indian Reservation Tulalip, Washington

April 12, 2010

SYLLABUS BY THE COURT

SYLLABUS^*fn1

Trial court issued order granting partial summary judgment in a civil proceeding.Court of Appeals holds that appellants failed to satisfy the statutory requirements for an interlocutory appeal by permission.Permission to appeal denied.

OPINION

JANE SMITH, CHIEF JUSTICE.

This matter comes before the Court upon request by Petitioner upon a Petition for Writ of Habeas Corpus.Petitioner is seeking release from jail alleging that he has completed his sentence and it would be unlawful to continue to hold him.

FACTS

Petitioner violated Tulalip law and was incarcerated on three charges.He entered guilty pleas to two of the charges and a third was dismissed.Sentence was imposed on January 14, 2010.An amended Judgment and Sentence was entered on February 1, 2010 which corrected an error in paperwork, but which did not modify the original sentence.

Petitioner was to have completed his jail service on April 7, 2010.On that date, the Court entered additional orders which extended his jail time by 30 days.No motion for violation of any of the conditions imposed was filed.

DECISION

Tulalip law allows modification of sentences after a judicial finding that conditions of the suspension have been violated.In this case, there has been no such finding.It appears that the only reason that the 30 day extension was imposed is that the Behavioral Health program was unable to secure a bed date for Petitioner in a timely manner.This appears not to be the fault of Petitioner, thus is not a ground for finding a violation of the original sentence.The language in the original sentence does not impose a condition that Petitioner would be held in jail if a bed date was not secured or until a bed date was...