Tag Archives: Ninth Circuit

Nooksack Kelly Faction Files Notice of Appeal in Rabang v. Kelly; IHS Reassumes Services “Effective Immediately”

Here is the notice of appeal: Notice of Appeal And the IHS letter: May 16 Letter from IHS to Robert Kelly Jr

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, tribal membership, trust relationship | Tagged , , , | Leave a comment

Ninth Circuit Denies En Banc Petition in Tavares v. Whitehouse

Here are the materials: CA9 Order Denying Petition En Banc Petition Prior posts here.

Posted in Author: Matthew L.M. Fletcher, Research, tribal constitutions, tribal courts, tribal membership | Tagged , , , , , | Leave a comment

Ninth Circuit Rejects Mishewal Wappo Trust Breach Claim

Here are the materials in Mishewal Wappo Tribe of Alexander Valley v. Zinke: Unpublished Opinion Briefs: Opening Brief Federal Answer Brief Amicus Brief Reply Other posts with lower court materials here.  

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Gila River Prevails in Lyon v. GRIC (CA9)

Here is the unpublished order: Doc 61-1 – Decision Judgment We posted materials here. Case tag here.

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , | Leave a comment

Notice of Appeal in Goldwater ICWA Litigation

As they promised they would, Goldwater filed their notice of appeal to the 9th Circuit in the Arizona ICWA class action case. Here. Order they are appealing is here. As always, documents in the case will be housed here.

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

Ninth Circuit Materials in United States v. King Mountain Tobacco Co.

Here: Opening Brief Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Research, taxation, treaty rights | Tagged , , , | Leave a comment

Ninth Circuit Affirms Gun Conviction Arising from Indian Country D.V.

Here are the materials in United States v. Fryberg: Opinion Opening Brief Answer Brief Reply

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , | Leave a comment

Lower Elwha and Federal Government Prevail in NEPA/ESA Suit in the 9th Circuit

NEPA and ESA challenges to hatchery approvals after removal of the Elwha Dam were brought by anti-hatchery environmental groups. The unpublished decision is here. Briefs: Motion for Injunction Opening Brief Tribal Answer Brief Federal Answer Brief Reply Lower court materials … Continue reading

Posted in Author: Ann Tweedy, Environmental, News | Tagged , , , , , , , | 1 Comment

Split Ninth Circuit Panel Affirms Felony Sentence for Eagle Acts Violation

Here is the opinion in United States v. Crooked Arm.

Posted in Author: Matthew L.M. Fletcher, Criminal, cultural resources, Research | Tagged , , | Leave a comment

Ninth Circuit Materials in Lyon v. Gila River Indian Community

Here: Gila River Opening Brief Lyon Answer Brief Gila River Reply Brief Oral argument video here. Prior CA9 opinion materials here. Here are the issues in the case, according to the tribe:

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , | 1 Comment