Matthew L.M. Fletcher

Ninth Circuit Affirms Indian Country DV Conviction

July 31, 2017Matthew L.M. Fletcher

Here is the opinion in United States v. Seminole.

An excerpt:

We are far from solving the crisis of domestic violence, as “[t]his country witnesses more than a million acts of domestic violence, and hundreds of deaths from domestic violence, each year.” United States v. Castleman, 134 S. Ct. 1405, 1408 (2014). It is a crime that is “notoriously susceptible to intimidation or coercion of the victim to ensure that she does not testify at trial.” Davis v. Washington, 547 U.S. 813, 832–33 (2006). Wyatt’s “spouse as victim” holding dictates that the district court correctly compelled the testimony of Limberhand.

National Indian Law Library Bulletin (7/28/2017)

July 31, 2017Matthew L.M. Fletcher

Here:

The NILL Tribal Law Gateway, which provides access to over 200 tribal codes, is continuously being updated. Recent additions include the Penobscot Nation’s chapter on Publication of Tribal Laws and Choctaw Nation’s Peacemaking Act. Check out what the Tribal Law Gateway has to offer, and contact the library for research assistance on your next tribal law project.

The National Indian Law Library added new content to the Indian Law Bulletins on 7/28/17.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed on 7/17/17 in S.S. v. Colorado River Indian Tribes (Indian Child Welfare Act)

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Osceola Blackwood Ivory Gaming Group, LLC v. Picayune Rancheria of Chukchansi Indians (Gaming – Contracts)
Rincon Mushroom Corporation of America v. Mazzetti (Exhaustion of Tribal Remedies; Non-Indian Fee Simple Lands)
Ruchert v. Williamson (Federal Tort Claims Act; Personal Injuries)
Garcia v. Elwell (Indian Civil Rights Act; Tribal Sovereign Immunity)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Mother H v. Father H (Child Custody; Jurisdiction)
Arviso v. Muskett (Elections)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature an article about tribes requesting a bigger role in selecting U.S. attorneys.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
ICRA Habeas Corpus relief: A new habeas jurisprudence for the post-oliphant world?
Imaginary lines, real consequences: The effect of the militarization of the United States-Mexico border on Indigenous peoples.
Improving Native American tribe’s voice in international climate change negotiations.
Justice Scalia and Tonto fistfight in Heaven.
Budding conflicts: Marijuana’s impact on unsettled questions of Tribal-State relations.
Chicago’s last unclaimed Indian territory: A possible Native American claim upon Bill Caldwell’s land.
The Arctic in the public order of the world community.
The Arctic Council: Twenty years in the making and moving forward.
Closing time: Removing the State of Oklahoma from alcohol regulation in Indian Country.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3524: To amend the Internal Revenue Code of 1986 to clarify the treatment of contributions to Alaska Native Settlement Trusts, and for other purposes.
H.R.3490: To amend the Public Health Service Act to authorize grants to eligible entities to develop and implement statewide or tribal post-adoption and post-legal guardianship mental health service programs for all children who are adopted or placed in legal guardianship, and for other purposes.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a proposed rule of the Department of Interior, Bureau of Land Management regarding hydraulic fracturing on federal and Indian Lands.

Federal Court Dismisses Gaming Contract Breach against Picayune Rancheria

July 31, 2017Matthew L.M. Fletcher

Here are the materials in Osceola Blackwood Ivory Gaming Group LLC v. Picayune Rancheria of Chukchansi Indians (E.D. Cal.):

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

July 31, 2017August 14, 2018Matthew L.M. Fletcher

Here:

Alabama-Quassarte Tribal Town Opening Brief

Muscogee Answer Brief

US Brief

Reply to MCN Brief

Reply to US Brief

Case materials here.

Ninth Circuit Briefs in State of California v. Iipay Nation of Santa Ysabel

July 31, 2017March 19, 2018Matthew L.M. Fletcher

Here:

Opening Brief

Answer Brief

Reply Brief

Case materials here.

Oral argument video here.

Federal Dismisses Contract Action under Rule 19 for Failure to Join Tuba City Regional Healthcare Corp.

July 31, 2017Matthew L.M. Fletcher

Here are the materials in LDFS LLC v. IEC Group Incorporated (D. Ariz.):

Tucker Act Breach Claim against US over Keepseagle Settlement Dismissed

July 31, 2017July 31, 2017Matthew L.M. Fletcher

Here are the materials in Labatte v. United States (Fed. Cl.):

9 US Motion to Dismiss

Have Any Indians Served on a Federal Criminal Jury, Ever?

July 28, 2017Matthew L.M. Fletcher1 Comment

Three Indians were struck from the jury during voir dire in United States v. Harding, including one who was struck because he was struck in a prior case. And that’s okay under federal law, apparently:

The prosecutor gave these reasons for the strikes: He said that Lacroix worked with Harding at Dakota Paneling, where Lacroix was a supervisor, and that Lacroix knew Harding. He stated that Cottier was a registered nurse and was a member of a venire in the recent case of United States v. High Wolf. In response to questions from the court, the prosecutor clarified that Cottier had been excused from service in High Wolf, and that the prosecutor was drawing on Cottier’s responses during voir dire in the past.