--- Am. Tribal Law ----, 2022 WL 17441412 (Colville C.A.), 15 CCAR 73, 8 CTCR 22
Colville Tribal Court of Appeals.
Randy ZACHERLE, Appellant,
v.
COLVILLE CONFEDERATED TRIBES, Appellee.
Case No. AP22-009
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Decided November 14, 2022.
Opinion
Dupris, CJ
This matter came before the Chief Justice upon a request by Appellant, Randy Zacherle, pro se, which he entitled “aHabeas Corpus Petition,” filed October 27, 2022. There is no proof that Mr. Zacherle has served a copy of his pleading on the Tribes’ representative.
Appellant’s requests are denied, and this matter is dismissed, based on the reasoning below.
SUMMARY OF APPEAL
Appellant has filed an extensive initiating pleading entitled “Habeas Corpus Petition.” The Petition is not a request for habeas corpus, however. It is an appeal of an appeal already decided by this Court in 2006, i.e. Zacherle v. CCT, AP06-006. In AP06-006 we affirmed a jury decision that Appellant was quilty of Indecent Liberties. In this case he specifically requested that we direct the Trial Court to give him a new evidentiary hearing based on his allegation that new evidence exists.
Appellant’s Appeal contains 50 pages of his legal argument, as well as 27 exhibits, all related to this argument that we should allow a new review of his conviction 16 years ago. He cited federal, state, and tribal cases, and alleges everything from procedural defects, to ineffective counsel, to prosecutorial misconduct and judicial misconduct. The specific arguments Appellant makes will not be summarized in specificity herein.
CONTROLLING LAW
The Court of Appeals has jurisdiction to review final judgments, sentences and disposition orders. CTC 1-2-106, COACR 5. The Court of Appeals may review Writs of Habeas Corpus for (1) errors of law; (2) irregularity in the proceedings; (3) abuse of discretion; or (4) when substantial justice has not been done. COACR 7-B. A Writ of Habeas Corpus may be filed by a person who is “imprisoned or otherwise restrained of his liberty on the Reservation...” CCT 2-1-210. Such a review must first be addressed at the Trial Court level. CTC 2-1-212 through 217.
There is no current order of the Trial Court upon which this Appeal has been based, nor is it alleged that Appellant is imprisoned or otherwise restrained. It appears Appellant uses the title Habeas Corpus Petition as a way to seek appellate review of his old confiction; he maintains his innocence throughout his pleading.1
Appellant’s appeal goes to issues that would have been, or should have been addressed during his trial and appeal in 2006. There is nothing for this Court to review at this time. There is nothing to indicate that Appellant has taken his new arguments to the Trial Court. We do not have original jurisdiction to consider his new arguments; we only review final orders and decisions of the Trial Court.
Based on the foregoing, now therefore
It is ORDERED that the Appeal filed herein is DENIED and DISMISSED as not complying with the law and rules governing appeals before this Court.
All Citations
--- Am. Tribal Law ----, 2022 WL 17441412, 15 CCAR 73, 8 CTCR 22
Footnotes |
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Appellant also asks for a Writ of Certiorari. We do not use Writs of Certiorari in this Court. |
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