Tag Archives: Tenth Circuit

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 , | 3 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

Tenth Circuit Affirms Dismissal of Challenge to San Ildefonso Pueblo Land Rights

Here is the unpublished opinion in Northern New Mexicans Protecting Land Water and Rights v. United States. Briefs here.

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

(Split) Tenth Circuit Rules against Pojoaque Pueblo in Gaming Dispute with State of New Mexico

Here is the opinion in Pueblo of Pojoaque v. State of New Mexico. An excerpt: Plaintiffs-Appellants Pueblo of Pojoaque and its governor, Joseph M. Talachy, (collectively “the Pueblo”) appeal from the district court’s dismissal of its claim for declaratory and … Continue reading

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

Tenth Circuit Orders Exhaustion of Tribal Remedies over Trespass Claim Involving Nonmember Police Officers

Here is the opinion in Norton v. Ute Indian Tribe. An excerpt: We conclude that the district court erred in excusing the officers from exhaustion of tribal remedies with respect to the Tribe’s trespass claim, which alleges that the officers … Continue reading

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

State Utility Petitions 10th Circuit for Rehearing En Banc

Download(PDF): Petition for Rehearing En Banc Link: Previous post in the matter of Public Service Company of N.M. v. Barboan et al

Posted in Author: Sarah Donnelly, Research | Tagged , , , | Leave a comment

Tenth Circuit Holds NIGC Indian Lands Opinion Letters Not Final Agency Action

Here is the opinion in State of Kansas v. Zinke. An excerpt: The question in this case is whether a legal opinion letter issued by the Acting General Counsel of the National Indian Gaming Commission (“NIGC”) regarding the eligibility of Indian lands … Continue reading

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