Monthly Archives: May 2010
Court Orders Exhaustion of Tribal Court Remedies in Speedy Trial Case at Oglala
Here are the available materials in Chipps v. Oglala Sioux Tribal Court (D. S.D.): Chipps Habeas Petition Chipps Speedy Trial Brief Chipps DCT Order
Federal Court Finds Tribal Pension Plan Fits Within ERISA Governmental Plan Provision
Here are the materials in Stopp v. Mutual of Omaha (E.D. Okla.): DCT Order Granting Stopp Motion Stopp Motion for Summary Judgment Mutual of Omaha Response to Stopp Motion for Summary Judgment Stopp Response to Mutual of Omaha Motion for … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research
Ninth Circuit Dismisses ICRA Claim against Salt River
Here is the unpublished decision in Fields v. Salt River Pima Maricopa Indian Community.
Sault Tribe Settles with Miller Canfield in Bouschor Case
From the Soo Evening News via Pechanga (and here, too): A mediation agreement has netted the Sault Tribe of Chippewa Indians $1 million from the law firm of Miller, Canfield, Paddock and Stone, P.L.C. as the firm opted to settle … Continue reading
Filed under Author: Matthew L.M. Fletcher, Michigan Indian, News, Uncategorized
Minnesota Supreme Court Assigns ICWA Indigent Counsel Costs to Counties, rather than State
Here are the two opinions and their syllabi: (1) In re S.L.J. 1. Although indigent Indian parents have the right under the Indian Child Welfare Act, 25 U.S.C. § 1912(b) (2006), to representation by court-appointed counsel in juvenile protection proceedings, … Continue reading
What Indian Country Can Learn from Elena Kagan’s Senate Questionnaire
In short, not much. But she might be a little bit more knowledgeable about Indian law than I previously thought. But some signs suggest she will be hostile toward tobacco/smokeshop-related cases. 1. United States v. Tohono O’odham Nation We already … Continue reading
Tenth Circuit Rejects Osage Man Challenge to Property Tax Assessment
Here is the unpublished opinion in Prather v. Hedgecoth. And the opening brief: Prather Opening Brief
Filed under Author: Matthew L.M. Fletcher, Research, Uncategorized
Ninth Circuit Affirms Indian Country Capital Murder Conviction
Kinda, somewhat interesting case arising on the Colville Reservation, where the defendant wasn’t indicted for more than 10 years after the crime — United States v. Gallaher. Here is the court’s take: The Federal Death Penalty Act of 1994 conditionally … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, Research, Uncategorized
Minnesota Court of Appeals Holds State Court Has No Civil Confinement Authority over Minnesota Chippewa Members
Here is the opinion in In the Matter of the Civil Confinement of Johnson. The court’s syllabus: The state does not have jurisdiction pursuant to Public Law 280 to civilly commit an enrolled member of a federally recognized Indian tribe … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, Research
Federal Court Holds that Lakota Students Must Wear Traditional Cap and Gown
Here are the materials in Dreaming Bear v. Fleming (D. S.D.) (news article here via Pechanga): DCT Order Denying Dreaming Bear Motion for Injunction Dreaming Bear Motion for PI ** Elizabeth Cook-Lyn Affidavit School District Opposition Dreaming Bear Reply
Filed under Author: Matthew L.M. Fletcher, cultural resources, Education, Research
American Indian Tribal Law
Facing the Future: The Indian Child Welfare Act at 30
Federal Indian Law: Cases and Materials (6th ed.)
The Eagle Returns: The Legal History of the Grand Traverse Band of Ottawa and Chippewa Indians
