Tag Archives: tribal court exhaustion doctrine

Federal Court Dismisses Habeas Petition by Kickapoo Member for Failure to Exhaust Tribal Remedies

Here are the materials in Darnell v. Merchant (D. Kan.): 1 Habeas Petition 15 Response 17 Reply 33 DCT Order An excerpt: Petitioner Bobbie Darnell, a member of the Kickapoo Tribe in Kansas (the “Tribe”), filed a Petition for Writ … Continue reading

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

Split Utah SCT Affirms Tribal Immunity, Adopts Tribal Court Exhaustion Doctrine

Here is the opinion in Harvey v. Ute Indian Tribe. UPDATE (11/10/17) Briefs: Appellant’s Brief Appellant’s Reply Brief Appellee’s Brief-LaRose Appellee’s Brief-Newfield Appellee’s Brief-Ute Indian Tribe Joinder in Brief Response to Supplemental Authority-Appellee 1 Response to Supplemental Authority-Appellee 2 Supplemental … Continue reading

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

Federal Court Rejects Effort to Enforce Settlement Agreement in Tribal Court

Here are the materials in Enerplus Resources (USA) Corporation v. Wilkinson (D.N.D.): 78 Motion for Summary J 84 Response 85 Reply 91 DCT Order An excerpt: Given the forum selection clauses in the Settlement Agreement, the ORRI Assignment, and the Division … Continue reading

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Eleventh Circuit Materials in Asker v. Seminole Tribe

Here: Asker Opening Brief Seminole Motion for Sanctions Seminole Response Brief Reply Lower court materials here.

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Materials (so far) in BP America v. Yerington Paiute Tribe

Here: 2 Motion for PI 26 Tribal Judge Motion to Dismiss 27 Tribe Motion to Dismiss 28-1 Tribal Court Motion to Dismiss

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Amerind Insurance Prevails over Blackfeet Housing

Here are the materials in Amerind Risk Management Corp. v. Blackfeet Housing Authority (D.N.M.): 42 dct order 28-1 amerind motion for summary j 33 response 36 amerind response 38 blackfeet reply Prior post here.

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

Federal Court Finds Tribal Court Exhaustion Futile, Grants ICRA Habeas Petition

Here are the materials in Toya v. Toledo (D.N.M.): 10 Amended Habeas Petition 13 Answer 16 Reply 18 Magistrate Report 19 DCT Order Adopting Magistrate Report Prior post here.

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

Eighth Circuit Enjoins Pursuit of Tribal Remedies in Minerals Royalties Dispute

Here is the opinion in Enerplus Resources (USA) Corporation v. Wilkinson. Materials here.

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

Federal Court Orders Mushroom Company to Keep Exhausting Tribal Remedies

Here are the materials in Rincon Mushroom Corporation of America v. Mazzetti (S.D. Cal.): 83-1 Motion to Reopen 84 Response 91 Reply 92-1 Second Motion to Reopen 93 Response 94 Reply 95 DCT Order Prior posts here.

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