Matthew L.M. Fletcher

Kellogg Foundation — Asst. General Counsel Posting

October 27, 2020Matthew L.M. Fletcher

Here:

Assistant General Counsel

Federal Govt. Brings Cert Petition on CARES Act Funding Eligibility

October 27, 2020Matthew L.M. Fletcher

Here is the petition in Mnuchin v. Confederated Tribes of the Chehalis Reservation:

Mnuchin v Chehalis Cert Petition

Question presented:

Whether Alaska Native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act are “Indian Tribe[s]” for purposes of the CARES Act, 42 U.S.C. 801(g)(1).

The Alaska Native Corps petition is here.

Lower court materials here.

Native American Heritage Month Speaker Series

October 26, 2020Matthew L.M. Fletcher

D.C. Circuit Briefs in Shawnee Tribe v. Mnuchin

October 26, 2020October 28, 2020Matthew L.M. Fletcher

Here:

Prairie Band Potawatomi Amicus Brief

Miccosukee Amicus Brief

Shawnee Tribe Opening Brief

US Brief

Lower court materials here.

Motions to Dismiss State Prosecutions under McGirt

October 26, 2020Matthew L.M. Fletcher

A flurry of motions has come in. Here is the motion to dismiss a criminal complaint on the Cherokee reservation in State of Oklahoma v. Nichols (Tulsa County Dist. Ct.):

Nichols Brief

Here is the motion to dismiss in a case involving a Creek reservation crime where the defendant marked “I” on the racial identity box, State of Oklahoma v. Williams (Tulsa County Dist. Ct.):

Williams Brief

And here is the motion to dismiss in State of Oklahoma v. Shaffer (Tulsa County Dist. Ct.), where the defendant was unenrolled at the time of the crime and is now seeking enrollment at Cherokee:

Shaffer Brief