Author: Matthew L.M. Fletcher

Walter Echohawk is the keynote.

33rd Alaska Tribal Court Development Conference

July 27, 2016July 27, 2016Matthew L.M. Fletcher

The 33rd Alaska Tribal Court Development Conference (the event is limited to Alaska Tribal Justice Personnel only) will feature current issues and recent developments affecting Alaska tribal courts and tribal jurisdiction. The annual event is intended for Tribes that are pursuing current and relevant tribal court training. It also provides information to Tribes that are just beginning to develop their own tribal courts and to Tribes seeking to expand or to modify tribal court operations.

The theme of this year’s Conference is “Fairness in Justice.” Judges, elders, practitioners, and distinguished speakers will present on the tribal court role in supporting restorative justice; addressing alcohol and drug abuse in the villages; and protecting Alaska Native children, elders, and vulnerable adults. Other topics include tribal-state collaboration in criminal matters and fairness and impartiality in tribal court proceedings.

Registration form and draft agenda may be found at: https://www.tananachiefs.org/events/village-strategies-projects-events/tribal-court-development-conference/.

New York Largely Prevails in Smokes Suit against King Mountain Tobacco

July 27, 2016Matthew L.M. Fletcher

Here are the materials in State of New York v. King Mountain Tobacco Co. (E.D. N.Y.):

195-1 King Mountain Motion for Summary J

197-1 NY Cross Motion

201 NY Opposition

202 King Mtn Opposition

205 King Mtn Reply

206 NY Reply

214 DCT Order

Nooksack COA Order on Motion for Contempt against Tribal Police Chief for Refusal to Comply with Court Orders

July 26, 2016Matthew L.M. Fletcher1 Comment

Here:

In re Gabriel Galanda v Nooksack Tribal Court Order on Motion to Enforce Contempt Order

Related materials here.

cert petn

Questions presented:

Where it is undisputed that Plaintiffs/Petitioners Debra Jones and Arden Jones, and their deceased son Todd R. Murray, all had individual rights under the 1868 Ute Tribe treaty with the United States, and where, under the procedural posture of this case, it is undisputed that Plaintiffs’ and their Decedent son’s individual rights under the Treaty were violated, did Plaintiffs state a claim for relief under 42 U.S.C. § 1983 based on the violation of their treaty rights?
2.Where State police officers have pursued an Indian within Indian country without either probable cause or jurisdictional authority can they be relieved of the common law duty to preserve evidence simply because the officers’ tortious conduct giving rise to the claims against them arose within Indian country?
3.Where there are disputed material facts, can a district court grant summary judgment based upon the court’s opinion that a reasonable jury would decide the case in favor of the summary judgment movant?

Lower court materials here.