Here is the opinion in United States Azure (or Wind)–US v. Wind
Criminal
Eastern Band Cherokee Member Challenges Federal Garnishment of Gaming Per Caps
This is an interesting case to watch, United States v. Lambert, in the Fourth Circuit. Here is the opening brief:
UPDATE: CA4 Opinion
Here is a similar case involving the Eastern Band’s efforts to raise sovereign immunity (materials here). The Lambert case is the direct challenge to the garnishment by a convict.
Ninth Circuit Affirms Major Crimes Act Conviction
Here is the opinion in United States v. Other Medicine (opinion here).
Eighth Circuit Affirms Major Crimes Act Conviction
The case is United States v. Littlewind (opinion here).
Davis v. Minnesota Cert Petition
Interesting case and petition, though I would not have described the Minnesota jurisdictional rule as “aparteid.”
Davis v. Minnesota Cert Petition
Lower court decision here.
Questions presented:
Has the State of Minnesota infringed upon the right to tribal self-government of the Minnesota Chippewa Tribe?
Is the assertion of state civil regulatory authority in this matter preempted under Public Law 280 exceptions?
Hawaii Native American Church Cannabis Claims Dismissed
Here is the opinion in Oklevueha Native Am. Church of Haw. v. Holder: Oklevueha v Holder.
Plaintiff Michael Rex “Raging Bear” Mooney and the Oklevueha Native American Church of Hawaii, Inc., seek a declaration that they be allowed to grow, use, possess, and distribute cannabis free from federal drug-crime prosecution. Plaintiffs allege that cannabis is used in their religion and assert that their right to religious freedom is being infringed on by United States drug laws, specifically 21 U.S.C. § 841.
Defendants have moved for dismissal of the Complaint, arguing that, on the face of the Complaint, the claims asserted are not ripe, that Oklevueha lacks standing to assert claims on behalf of its members, and that Plaintiffs fail to allege sufficient claims in any event. Because this court agrees that the Complaint fails to allege ripe claims on the face of it, Defendants’ motion is granted and Plaintiffs’ Complaint is dismissed with leave to amend.
FTCA Judgment Favoring Former BIA Criminal Investigator
Here is the opinion: Garvais v US
An excerpt:
The ultimate Finding of Fact in this matter is that the BIA maliciously caused the institution and continuation of unfounded criminal proceedings against Duane Garvais in Spokane Tribal Court in retaliation for the proper performance of his duties in investigating thefts by BIA patrol officers with close connections to the Tribe. As stated, those charges were ultimately dismissed pursuant to the finding of this court that the Spokane Tribal Court did not have jurisdiction over Mr. Garvais.
The court finds that Mr. Garvais and his family suffered substantial emotional distress and turmoil as the result of the wrongful action of the BIA at the behest of and in association with the Spokane Tribal Council and its agents and employees. This emotional distress continued over a period of years, including Mr. Garvais having to seek habeas corpus relief in this court. The court finds that just compensation to Mr. Garvais is in the amount of $ 400,000 plus the sum of $ 13,102.66 billed by Mr. Weatherhead’s law firm Witherspoon, Davenport, & Toole.
Challenge to Major Crimes Act Rejected
Here are the opinions in United States v. Prentiss (D. Minn.):
Fletcher, Fort, and Singel on Michigan Indian Country Cross-Deps
Indian Country Law Enforcement and Cooperative Public Safety Agreements
Michigan Bar Journal, Vol. 89, p. 42, February 2010, MSU Legal Studies Research Paper No. 08-02
Matthew L. M. Fletcher , Kathryn Fort and Wenona Singel
Update on Federal Motion re: Indian Status of Defense Counsel in Criminal Trial
Here is the order — US v Diaz Order on Motion in Limine
It reads in relevant part:
Defense Counsel will be permitted to mention his former employment as well as his status as a Native American, during the voir dire process, but not during any other portion of the trial.
The government motion is here.
News coverage from Indianz (and H/T):
A federal judge says an attorney can talk about his status as an Indian and can mention his prior work as a federal prosecutor during jury selection for the trial of a Pueblo leader. Continue reading
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