Denezpi v. United States — Cert Petition re: CFR Courts as Federal Courts

Here is the petition and appendix:

Cert Petition

Appendix

Lower court materials here.

Question presented:

Is the Court of Indian Offenses of Ute Mountain Ute Agency a federal agency such that Merle Denezpi’s conviction in that court barred his subsequent prosecution in a United States District Court for a crime arising out of the same incident?

Update:

Federal Opposition Brief

New York Appellate Division Concludes State Cannot Tax Unstamped Smokes Confiscated During an Illegal Search by Police

Here is the opinion in In the Matter of White v. State of New York Tax Appeals Tribunal (N.Y. A.D.):

530088_pdf

Federal Court Rejects Immunity Defense in Tribal Payday Lending Matter

Here are the relevant materials in Brice v. Stinson (N.D. Cal.):

182 Motion for Summary Judgment

197 Opposition

216 Reply

236 DCT Order

An excerpt:

Plaintiffs seek summary judgment on defendants’ third affirmative defense; that some defendants are protected by or some claims extinguished by tribal immunity. In their opposition, defendants admit they personally “are not entitled to assert or invoke sovereign immunity as a defense to these claims” but nonetheless argue plaintiffs’ litigation “of these claims against shareholders of entities providing contractual services to those lenders is a significant infringement on the sovereignty of the tribes. . . . .” Dkt. No. 197 at 22. Defendants miss the point. The claims here hinge on the personal conduct of the defendants. While that conduct is based in significant part on the services defendants personally engaged in or approved to be provided to the Tribes, the claims do not impede on the sovereignty of the Tribes where the Tribes are not defendants in this case and no Tribal Entities remain. Absent apposite caselaw or facts showing how this action “interferes with the purpose or operation of a federal policy regarding tribal interests,” tribal immunity is irrelevant to this action.

Ninth Circuit Briefs in Stephen C. v. Bureau of Indian Education [Havasupai]

Here:

Opening Brief

Tribal Orgs Amicus Brief

Admin Law Profs Amicus Brief

Advocacy Orgs Amicus Brief

Havasupai Tribe Amicus Brief

Indian Law Profs Amicus Brief

Lower court materials here.

Michigan (“largely”) Prevails over Keweenaw Bay Indian Community on Sales and Use Taxes

Here are the updated materials in Keweenaw Bay Indian Community v. Khouri (W.D. Mich.):

317 Michigan MSJ

328 KBIC MSJ

365 Michigan Response to 328

370 KBIC Response to 317

376 Michigan Reply

377 KBIC Reply

421 DCT Order re State Prosecutions

422 DCT Order re Protective Order

423 DCT Order

Prior post here.

Update on ICRA Habeas Petition by Washoe Tribe Prisoners — Petition Dismissed for Lack of Exhaustion of Remedies

Here are the updated materials in Lundy v. Balaam (D. Nev.):

19 Tribe Brief

20 Prisoner Traverse

21 DCT Order

Prior post here.

Federal Court Holds S. Cal. Indian Health Consortium Immune from Suit

Here are the materials in Manzano v. Southern Indian Health Council Inc. (S.D. Cal.):

1 Complaint

5-1 Motion to Dismiss

7 Opposition

10 Reply

16 DCT Order