Michigan SCT to Hear Appeal of KBIC Employees Charged with Criminally Violating State Tobacco Transportation Law

Here are materials so far in the cases captioned People v. Davis and People v. Magnant:

Majority Opinion [Mich. COA]

Dissent [Mich. COA]

SCT Order Granting Review

Circuit Court materials:

Defendants Due Process Motion

Defendants Motion to Quash Information

Defendants Motion to Suppress

People Response to Due Process Motion

People Response to Motion to Quash

People Response to Motion to Suppress

 

Federal Court Dismisses Fourth Suit Challenging Federal/Tribal Ownership of Lake Quinault

Here are the materials in Landreth v. United States (W.D. Wash.):

1 Complaint

25 Quinault Motion to Dismiss

26 US Motion to Dismiss

27 Response to Quinault

28 Response to US

29 DCT Order

Most recent suit here.

Seventh Circuit Applies McGirt, Restores Wisconsin Oneida Reservation Boundaries

Here is the opinion:

Oneida Nation v. Village of Hobart

Briefs here.

NYTs: “Native Americans Feel Devastated by the Virus Yet Overlooked in the Data”

Here.

Federal Government Sets Execution Date for Lezmond Mitchell

Here is “Justice Department sets execution date for only Native American on death row.”

Here is the most recent opinion in his case, where two Ninth Circuit judges questioned his sentence.

Below is a statement from counsel for Mr. Mitchell. Deputy Federal Public Defenders Jonathan Aminoff and Celeste Bacchi:
“With the enactment of the Federal Death Penalty Act, Congress made a commitment to the Native American peoples that no Native American would be subjected to the death penalty for a crime committed against a fellow Native American on Native American land unless the tribe consented. In what the Ninth Circuit Court of Appeals referred to as a “betrayal of a promise made to the Navajo Nation,” the Department of Justice exploited a legal loophole and sought the death penalty against Mr. Mitchell for the federal crime of carjacking over the objection of the Navajo Nation, the victims’ family, and the local United States Attorney’s Office. The federal government’s announcement that it now plans to execute Lezmond Mitchell demonstrates the ultimate disrespect for the Navajo Nation’s values and sovereignty.
The Government’s contravention of tribal autonomy did not end with the decision to pursue a death sentence against Mr. Mitchell. In addition to the charging decision, the Government committed misconduct in the course of this prosecution by confining Mr. Mitchell in a tribal jail where they continually interrogated him over the course of 25 days without providing him an attorney. Furthermore, the Government systematically excluded Navajos from serving on Mr. Mitchell’s jury, resulting in a jury composed of 11 white people and only one Navajo. Unfortunately, we have been barred from investigating concerns of juror bias amongst Mr. Mitchell’s jury. Under these circumstances, allowing Mr. Mitchell’s execution to go forward would be a grave injustice and an unprecedented affront to tribal sovereignty, and it should not be permitted to proceed. We will continue to pursue all available avenues of relief for Mr. Mitchell from his unconstitutional convictions and death sentence.”

 

-Deputy Federal Public Defenders Jonathan Aminoff and Celeste Bacchi, attorneys for Lezmond Mitchell

-July 29, 2020

Muscogee (Creek) Nation Executive Order Establishes “Mvskoke Reservation Protection Commission”

Here (PDF).

Federal Court Remands Peoria Tribe’s Legal Malpractice Claims to State Court

Here are the materials in Peoria Tribe v. Campbell (N.D. Okla.):

2 Notice of Removal

2-1 Complaint

24 Peoria Tribe Motion to Remand

31 Doerner Sanders Opposition

32 Campbell Opposition

36 Reply

40 DCT Order

WaPo: “Indian Health Service Turns to Former Contractor Cited for Failures”

Here.

 

South Dakota Public Broadcasting: “McGirt v. Oklahoma With Frank Pommersheim”

Here.

Split Tenth Circuit Affirms Denial of Qualified Immunity to Okfuskee County Deputy Who Shot and Killed Unarmed Man in Case of Mistaken Identity within Creek Reservation Boundaries

Here is the opinion in Reavis v. Frost.

News coverage here.