Tag Archives: Tenth Circuit

Oklahoma En Banc Petition in Murphy v. Royal

Here: State En Banc Petition Panel materials here.

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

Tenth Circuit Dismisses Challenge to Hydraulic Fracking Rule as Unripe

Here is the opinion in State of Wyoming v. Zinke.

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

Tenth Circuit Holds Osage Wind Needs Permit before Digging into Osage Mineral Estate

Here is the opinion in United States v. Osage Wind LLC. Briefs: Osage Minerals Council Opening Brief US Brief Osage Minerals Council Reply Lower court materials here.

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

Federal Court Declines to Stay Mandate in Effort to Condemn Navajo Lands Saying Utility Loses Even if SCOTUS Reverses

Here are the materials in Public Service Company of New Mexico v. Approximately 15.49 Acres of Land in McKinley County (D.N.M.): 142 Motion to Confirm Stay Order 143 Response 145 Reply 147 DCT Order Prior posts here.

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

Tenth Circuit Hands Ute Tribe a Pair of Jurisdictional Victories in Dispute with Former Contractor

Here are the materials in Ute Indian Tribe v. Lawrence: Opinion Opening Brief Lawrence Answer Brief Becker Answer Brief Reply Here are the materials in Becker v. Ute Indian Tribe: Opinion Opening Brief Lawrence Answer Brief Becker Answer Brief Reply … Continue reading

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

In Major Ruling, Tenth Circuit Holds Muscogee (Creek) Reservation Boundaries Remain Intact

Tenth Circuit in Murphy v. Royal holds that allotted Muscogee (Creek) Nation reservation in Oklahoma has not been disestablished, reversing State death penalty conviction of Creek tribal member. MURPHY v ROYAL OPINION Prior Posts: Updated Materials in Murphy v. Royal … Continue reading

Posted in Author: Teresa Walrod, Research | Tagged , | 4 Comments

Tenth Circuit Briefs in Alabama-Quassarte Tribal Town v. United States

Here: Alabama-Quassarte Tribal Town Opening Brief Case materials here.

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

Tenth Circuit Denies Utility/Pipeline Company En Banc Petition; Cert Petition Likely; Trump Admin. May Change Position on Case to Appease Pipeline Company

Here are the materials in Public Service Company of New Mexico v. Barboan: PSCNM En Banc Petition Transwestern Pipeline Company Amicus Brief CA10 Order on En Banc Review PSCNM Motion for Stay Prior posts here.

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

Split Tenth Circuit Panel Rules HUD Illegally Recaptured NAHASDA Funds but Tribes Cannot Recover

Here is the opinion in the consolidated appeal captioned Modoc Lassen Indian Housing Authority v. United States Department of Housing and Urban Development. An excerpt from the lead opinion: These consolidated appeals arise from a government agency’s decision to recapture, via administrative offset, … Continue reading

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

Tenth Circuit Affirms Major Crimes Act Murder Conviction

Here is the opinion in United States v. Magnan.

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