Tag Archives: Montana Supreme Court

Montana SCT Affirms Constitutionality of CSKT Water Rights Compact

Here is the opinion in Flathead Joint Board of Control v. State. Briefs: Board brief State brief Tribe brief Board reply State reply

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Montana SCT Holds Water Rights Associated with Former Crow Allotment but Now Held by Others are Not Part of Tribal Water Right

Here are the materials in In re Scott Ranch: Opinion/Order  Amicus Curiae Brief  Appellant Brief 

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Montana SCT Affirms Immunity for Tribal Police Officer and CSKT

Here are the materials in Crawford v. Couture: Montana SCT Opinion Appellant Brief Appellee Brief Reply Brief

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Montana SCT Affirms Approval of Crow Water Compact

Here is the opinion: Montana SCT Decision Briefs are here.

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Cert Petition (Yes, Another One) in Challenge to Crow Water Settlement

Here is the petition in Crow Allottees v. Dept. of Justice: Crow Allottees Cert Petition Question presented: Can the water rights owned by individual Crow Indian allottees – which this Court in United States v. Powers, 305 U.S. 527 (1939) … Continue reading

Posted in Author: Matthew L.M. Fletcher, Supreme Court, water rights | Tagged , , , , | 1 Comment

Montana SCT Briefs in Challenge to Apsaalooke (Crow) Tribe Water Compact

Here are the briefs in In the Matter of the Adjudication of Existing and Reserved Rights Both Surface and Underground of the Crow Tribe of Indians of the State of Montana: Appellants Brief Apsaalooke (Crow) Tribe Brief US + Montana Brief … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, water rights | Tagged , | 1 Comment

Montana Supreme Court Briefs in re: Crow Water Compact

Here are the materials in In the Matter of the Adjudication of the Existing and Reserved Water Rights to the Use of Water, Both Surface and Underground, of the Crow Tribe of Indians of the State of Montana: Allottees Opening … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, water rights | Tagged , | 5 Comments

Montana Supreme Court ICWA Case

Here. We conclude that Mother received fundamentally fair procedures prior to the termination of her parental rights. She never raised any objection to the lack of a formal adjudicatory hearing, and her stipulations reflect her assent to the determination that H.T. was abused … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , | Leave a comment

Split Montana SCT Affirms Denial of Indian Child Welfare Matter’s Transfer to Blackfeet Tribe

Here is the opinion and the various briefs in In the Matter of S.B.C.: Appellant Brief — Blackfeet Tribe Appellant Brief — Father Appellant Brief — Mother Appellee Brief — Response to Father Appellee Brief — Response to Tribe Appellee … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , , , | 2 Comments

Montana ICWA Case: Notice, Active Efforts and a Look at Adoptive Couple Citations

Here. A footnote in the case, The record does not clarify whether G.S. ever had custody of M.S. The record is silent regarding G.S.’s relationship with M.S. prior to his incarceration. We recognize that 25 U.S.C. 1912(d) does not apply … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , | 1 Comment