Tag Archives: Eastern Band of Cherokee Indians

North Carolia COA Decides Matter on Applicability of ICWA

Here is the opinion in In re H.S.: NC App Opinion An excerpt: DSS sent a standard letter of notice to the Bureau of Indian Affairs (BIA) and did not receive a response. The juveniles’ guardian ad litem met with … Continue reading

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N.C. SCT Cert Petition in State v. Nobles — State Criminal Jurisdiction over Cherokee Descendant

Here: nobles cert without appendix Lower court materials here.

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NYTs Profile of Study on Impact of Tribal Gaming Per Cap on Children at Eastern Band Cherokee

Here. In short, it’s pretty good for young children, doesn’t have much impact on older children. We posted on part of this study in 2010.

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N.C. Trial Court Concludes First Generation Eastern Band Cherokee Descedent a Non-Indian for Criminal Jurisdiction Purposes

Here is the opinion in State v. Nobles: Nobles Order Final 112613 Briefs are here.

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

Opening Brief in N. Carolina/Eastern Band Cherokee Indian Country Criminal Jurisdiction Case

Here is the brief in State v. Kostick (N.C. App.): Kostick Opening Brief UPDATED: State Brief

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Materials in North Carolina Capital Murder Case against First Generation Eastern Band Cherokee Descendant — A Reverse Crow Dog Case

Here are the materials in State v. Nobles: Nobles Motion to Dismiss Motion to dismiss (amended) State’s Brief Reply Brief News coverage: Sylva Herald 8-12 Sylva Herald 9-18

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, tribal membership | Tagged , , , , | 2 Comments

Fourth Circuit Affirms Major Crimes Act Murder Conviction Arising on Eastern Band Cherokee Reservation

Here is the opinion in United States v. Lespier.

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N.C. SCT Opposition Brief in Eastern Band Cherokee Tribal Court Jurisdiction Case

Here: Response to Petition The petition is here. Lower court materials here. An earlier incarnation of the case, here.

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Petition for Review Filed with N.Carolina SCT in Cherokee Tribal Court Jurisdiction Matter

Here is the petition in Carden v. Owle Construction, LLC: Petition for Discretionary Review Lower court materials here. An earlier incarnation of the case, here.

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

Federal Court Stays Contract Breach Claim Pending Tribal Court Proceedings

Here are the materials in Lexington Insurance Co. v. Data Aire (W.D. N.C.): Consent Motion to Stay All Proceedings Consent Motion to Stay Attorney Conference DCT Order State Court Complaint

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