Here is the opinion in United States v. Williams (W.D. Okla.):
DCT Order Denying Williams Motion to Dismiss
Here is the indictment:
Criminal
Update in Yakama v. Holder: Federal Court Orders US to Comply with Discovery Requests
An excerpt from the order:
[T]he waiver of sovereign immunity [under the APA] applies to all actions seeking non-monetary relief that are cognizable before the federal courts, including actions brought pursuant to the APA and other actions which provide their own private right of action. Yakama seeks non-monetary relief in this case. Accordingly, any claims by Yakama, whether brought independent of or through the APA, may not be barred by sovereign immunity (citations omitted).
The Court agrees with Yakama’s argument that discovery as to the policies that govern the Federal Defendants’ actions with the Yakama, particularly with regard to notification and limitations on actions while on tribal lands, and discovery as to the Federal Defendants’ decision not to notify the Yakama before entering onto tribal lands, as well as discovery regarding the actual entry onto tribal lands is needed to establish whether the Court has jurisdiction.
Here are the new materials in Yakama Indian Nation v. Holder (E.D. Wash.):
ORDER ON MOTIONS TO STAY DISCOVERY AND MOTIONS FOR EXTENSION
Memorandum in Support of United States’ Motion to dismiss
Yakama Nation’s Memorandum in Opposition to Federal Motion to Dismiss
United States’ Memorandum in Support of Motion for Protective Order
Memorandum in Opposition to Motion for Protective Order
Reply on United States’ Motion for Protective Order
Here is the Nation’s amended complaint.
Federal Court Permanently Enjoins Muscogee Prosecution for Alleged Crimes on Fee Lands
Tribal Law and Order Commission Invite to Consultation at Tulalip (Sept. 7, 2011)
Here is the invite (to tribal leaders and experts):
Washington SCT (On Reconsideration) Holds 5-4 that Tribal Law Enforcement Authority Stops at Rez Boundaries
The majority opinion is here, and the two dissenting opinions are here and here. The majority holds (reversing itself from opinions in 2009 and 2010) that a criminal suspect (here a reckless driver) is utterly free and clear from tribal jurisdiction once the suspect leaves the reservation. Tribal police cannot even hold the suspect until state officials arrive.
One of the dissents raises an interesting point. This outcome strongly encourages anyone — even tribal members — from making a crazy, reckless beeline for the reservation boundary.
Our first posting on this case (with links to briefs) is here. Here are the previous opinions:
First it was 9-0, then 6-3, and now 5-4 the other way. What happened?
Eighth Circuit Affirms Oglala Member’s Involuntary Manslaughter Conviction
Here is the opinion in New v. United States:
People v. Shelton: Suppression of Evidence Obtained by Cabazon Band Casino Security Guard
Here is the unpublished opinion (h/t Pechanga), affirming the suppression of the evidence because of an improper appeal.
The Cabazon Band’s amicus brief is here.
Francis, Leeds, Organick, and Jefferson Exum on Concurrent Criminal Jurisdiction in Kansas
John J. Francis, [Dean] Stacy L. Leeds, Aliza Organick, and Jelani Jefferson Exum have published “Reassessing Concurrent Tribal-State-Federal Criminal Jurisdiction in Kansas” in the University of Kansas Law Review.
Cross-Commissioning and the Navajo Nation
The following is an excerpt of the side bar to an article by The Daily Times:
FARMINGTON — Nine counties in three states encompassing Navajo land are considering agreements with the tribe to allow police officers on both sides to enforce laws. The agreements are expected to eliminate sanctuaries from the law and increase arrests and convictions.
San Juan County, N.M., is the only county that will not cross-commission deputies with the tribe, though Sheriff Ken Christesen has signaled a willingness to certify his deputies with the Bureau of Indian Affairs to enforce federal laws.
One county already has a cross-commissioning agreement in place, two have signed mutual aid agreements and the five remaining counties are considering their options.
Cabazon Band Amicus Brief in Criminal Case re: Authority of Tribal Security to Search for Weapons
Here is that brief, in a case captioned People v. Shelton (Cal. App. 4 Dist.):
Turtle Talk 
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