Ninth Circuit Reverses Tribal Conviction on Failure to Guarantee a Jury Trial

Here is the opinion in Alvarez v. Lopez.

An excerpt:

We consider whether an Indian tribe violated a criminal defendant’s rights by failing to inform him that he could receive a jury trial only by requesting one.

The answer was yes. One judge dissented.

The same panel had held in 2014 that the petitioner had failed to exhaust tribal remedies. Those materials here.

The panel issued this opinion on rehearing. Here are the rehearing stage materials:

Alvarez Motion for Rehearing

Alvarez Supplemental Brief

CA9 Order for Supplemental Briefs

GRIC Opposition

GRIC Supplemental Brief

NACDL Amicus Brief

Ninth Circuit Dismisses Challenge to Native Hawaiian Governmental Elections as Moot

Here is the opinion in Akina v. State of Hawai’i.

An excerpt:

These appeals concern recent efforts by a group of Native Hawaiians to establish their own government. The plaintiffs are Hawaii residents who challenge that process. They appeal the district court’s order denying their request for a preliminary injunction to stop activities related to the drafting and ratification of self-governance documents. Separately, another group of Hawaii residents appeals the district court’s denial of their motion to intervene in the plaintiffs’ lawsuit. For the reasons that follow, we dismiss the plaintiffs’ appeal of the preliminary injunction order as moot, and we affirm the district court’s denial of the motion to intervene.

Briefs here.

Navajo Nation Seeks Proposals to Assist with Claims for Unpaid Contract Support Costs

Here:

The Navajo Nation Department of Justice seeks outside counsel assistance in pursuing the Navajo Nation’s claims for unpaid contract support costs from P.L. 93-638 contracts entered into with the Indian Health Service (IHS).  This would include developing claims for unpaid contract support costs, entering into settlement negotiations with IHS and, if necessary, making recommendations to the Attorney General for litigation of those claims if a negotiated settlement cannot be reached.  Qualifications include experience in and knowledge of Federal Indian law, especially the Indian Self-Determination and Education Assistance Act (ISDEAA), P.L. 93-638, as amended, and experience filing claims for payment of contract support costs pursuant to the ISDEAA. 

Proposals must be received by email by the Navajo Nation Department of Justice by no later than 5:00 PM MT on September 16, 2016.  NO LATE PROPOSALS WILL BE ACCEPTED.

2016-08-29 – IHS CSC Counsel_Final RFP

Navajo Nation DOJ Seeks Proposals to Assist with Passage of Navajo Utah Water Rights Settlement Agreement

Here:

Legislative and Lobbying Legal Services to assist with the introduction and passage of legislation to implement the Navajo Utah Water Rights Settlement Agreement (NUWRSA) approved by the Navajo Nation Council in January 2016.  The NUWRSA provides for the quantification of the water rights of the Navajo Nation in the Upper Colorado River Basin in Utah in the amount of 81,500 acre-feet of depletion per year.  The effectiveness of the settlement is contingent on securing U.S. Congressional approval of the settlement and the authorization of approximately $210 million for future water development in the State of Utah.  Selected Respondent will provide services to secure favorable approval of the NUWRSA by Congress and by the Utah Legislature.  Selected Respondent will report directly to the Attorney General or her designee and will also be expected to work with the elected officials of the Navajo Nation and their offices.

The Navajo Nation Department of Justice will be accepting proposals for this service postmarked by 5:00 PM MT on Monday, September 5, 2016.  NO LATE PROPOSALS WILL BE ACCEPTED.

2016.8.29 – UWRSA Leg Lobbying Legal Svcs_Final RFP

News Profile of LTBB Reservation Litigation

Here is “Long lawsuit ahead regarding tribal reservation: Federal judge orders two phases to tribal lawsuit, first phase could go to 2018.”

Court docs here.

National Indian Law Library Bulletin (8/26/2016)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/26/16.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Jamul Action Committee v. Chaudhuri (Indian Gaming Regulatory Act – NEPA Review)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Enable Oklahoma Intrastate Transmission, LLC v. A 25 Foot Wide Easement (Tribal Sovereign Immunity; Easements)
Gingras  v. Rosette (Payday Loans)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature 41 articles this week. A few of the articles in the Environment & Energy, Intergovernmental, and Land & Water sections are about the Dakota Access oil pipeline project; we also feature an article about a food sovereignty project in the Health & Welfare section of the News Bulletin.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Our corrosive oceans: exploring regulatory responses and a possible role for tribes.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
One of the items featured is an announcement from the U.S. Sentencing Commission about establishing a tribal advisory group.

Tenth Circuit Reverses Indian Country Criminal Conviction

Here is the opinion in United States v. Wolfname.

NYTs Op-Ed: David Archambault on Dakota Access Opposition

Here is “Taking a Stand at Standing Rock.”

NYTs: “Occupying the Prairie: Tensions Rise as Tribes Move to Block a Pipeline”

Here.

Briefs in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.) are here.

San Bernadino County Sheriff Enjoined from Citing On-Reservation Tribal Members for Traffic Violations

Here are the materials in Chemehuevi Indian Tribe v. McMahon (C.D. Cal.):

13-1 Tribe Motion

14 Opposition

24 Supplemental Opposition

26 Reply

32 Tribe Supplemental Brief

35 Response to 32

51 DCT Order

We posted the complaint here.