Monthly Archives: July 2009

TurtleTalk on Twitter

Yep, you can now follow us on Twitter, if you like.  At this point we’re using it for when new blog posts go up, but it’s possible we’ll use it for other announcements as well.  And to complete the circle, … Continue reading

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Filed under Announcements, Author: Kate E. Fort

New Mexico Supreme Court Grants Cert in ICWA Case

The New Mexico Supreme Court will hear State v. Marlene C. (link to court’s certiorari page). Here is the lower court opinion. From the N.M. Court of Appeals opinion: Mother appeals from an adjudication of neglect. Mother is a member … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Research

Federal Tort Claims Act Case re: Isleta Police Officer

Here are the opinions in Garcia v. USA and Garcia, out of the District of New Mexico, decided last March. Garcia the tribal cop/defendant allegedy assaulted Garcia the plaintiff at a wedding, and Garcia sued the United States under the … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Research

Idaho Federal Court Refuses to Dismiss Smokeshop Case

Here is the opinion in Lil’ Brown Smoke Shop v. Wasden (D. Idaho) in which the court rejected a motion to dismiss on Eleventh Amendment and Young absention grounds. An excerpt: Based on the aforementioned cases and standards, and the arguments … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Research, sovereign immunity, taxation

A Call to Senator Al Franken re: Sotomayor Confirmation Hearings

It looks like Sen. Al Franken of Minnesota is the only Democratic member of both the Judiciary and Indian Affairs committees. Sen. Franken, who visited Indian Country a few times in his campaign for the Senate, may be the only … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Supreme Court

ACLU Press Release on A.A. v. Needville School District

Here — ACLU of TX Needville Appeal You can access all of the briefs at the Supreme Court Project website.

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Filed under Author: Matthew L.M. Fletcher, cultural resources, Research

Cayuga Indian Nation Wins Important Tax Case

The New York Appellate Division has reversed a N.Y. Supreme Court decision denying a request for a declaratory judgment against county impoundment of tobacco products intended for sale on-reservation to tribal members. The case is Cayuga Indian Nation v. Gould. … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Research, taxation

Huron Nottawaseppi Awaits Public Safety Cooperation Agreement with Emmett Township

From the Battle Creek Enquirer: Officials at Pine Creek Reservation, the Emmett Township Department of Public Safety and FireKeepers Casino are scrambling to get public safety agreements in place before the casino’s early August opening. That’s because the agreements “have … Continue reading

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Filed under Author: Matthew L.M. Fletcher, gaming, Michigan Indian, News

Citizen Potawatomi Chair Files Cert Petition in Tax Dispute

Here is the cert petition in Barrett v. U.S. (docket no. 09-32) — Barrett v. US Cert Petition Questions presented: 1. Whether an Indian tribe can use Indians Claims Commission Act funds, appropriated by Congress and distributed to the tribe … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court, taxation

Court Order on the Frank’s Landing Case

Reported yesterday in Indianz, here is the order — Frank’s Landing Summary Judgment Order And the summary judgment briefs (preliminary injunction briefs were posted here): Frank’s Landing Motion for Summary Judgment Gregoire Motion for Summary Judgment Lopeman Motion for Summary … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Research, taxation, treaty rights