Department of Justice Journal of Federal Law and Practice — Missing or Murdered Indigenous Persons: Law Enforcement and Prevention

Here.

Crow Tribe Attempts to Reopen Crow Treaty Rights Suit

Here is the motion in Crow Tribe v. Repsis (D. Wyo.):

70 Crow Tribe Motion

An excerpt:

But that was not the end of the story. In 2014, Clayvin B. Herrera, a Crow Tribe member, along with other Crow Tribe members in his hunting party, took three elk in the Bighorn National Forest. Mr. Herrera was cited for, and convicted of, violations of Wyoming hunting laws. Mr. Herrera’s case went all the way to the U.S. Supreme Court, which held that the Crow Tribe’s off-reservation treaty hunting right was not extinguished by Wyoming’s statehood. Herrera v. Wyoming, 139 S. Ct. 1686, 1700 (2019). In so doing, the Court also held “that Race Horse is repudiated to the extent it held that treaty rights can be impliedly extinguished at statehood.” Id. at 1697. Today, this Court has the opportunity to relieve the Crow Tribe from the judgment, based on Race Horse, that it entered more than 25 years ago.
This is precisely the sort of circumstance that Federal Rule of Civil Procedure 60 was written to remedy. This Court’s Repsis judgment remains in force; but that judgment was based entirely on a case that has been expressly and entirely repudiated by the U.S. Supreme Court, which affirmed the vitality of the very same treaty right that that this Court and the Tenth Circuit found extinct. To allow this Court’s Repsis judgment—which might have been correct when it was made, but now has been unequivocally repudiated by the Supreme Court—to bar the Crow Tribe and its members from legally exercising their off-reservation treaty hunting rights would be a profound injustice. Equity requires that the Crow Tribe, and by extension its members, be relieved from this Court’s Repsis judgment, which this Court should now vacate.

South Dakota SCT Holds State Police May Investigate Violations of State Law in Indian Country

Here are the materials in State v. Cummings:

Opinion

Record + Briefs

Cherokee Prisoner’s Second Habeas Petition Denied Despite McGirt

Here are the materials in Berry v. Whitten (N.D. Okla.):

2 Second Unauthorized Habeas Petition

4 DCT Order

Federal Court Rejects Challenge to Fort Peck Cross-Dep Agreements

Here are the relevant materials in United States v. Fowler (D. Mont.):

23 Motion to Suppress

28 Response

36 Reply

79 DCT Order Denying Motion to Suppress

Federal Court Rejects Warm Springs Tribal Member’s Effort to Invoke McGirt to Challenge Federal Criminal Jurisdiction under the ICCA and ACA

Here are the materials in United States v. Smith (D. Or.):

78 Motion to Vacate

84 Response

85 Reply

92 DCT Order

Prior decisions involving the same defendant are here (Ninth Circuit) and here (Oregon appellate court).

Federal Court Grants Habeas Petition, Following McGirt

Here are materials in DeerLeader v. Crow (N.D. Okla.):

16 State Response

17 DCT Order

Amicus Briefs Supporting Petitioner in United States v. Cooley

Here:

19-1414 Amici SiouxTribes

19-1414 Amicus Brief of NationalIndigenousWomensResourceCenter

19-1414 Indian Law Scholars Cooley Brief

19-1414 tsac Former U.S. Attorneys

19-1414 tsac Members of Congress

19-1414 tsac The Cayuga Nation

19-1414 Ute Amici Brief

Final NCAI-Tribal Governments Amici Brief-US v Cooley 1-15-21

Other Cooley materials are here.

Eighth Circuit Affirms Major Crimes Act Conviction [Rosebud]

Here is the opinion in United States v. Earth.

Michigan SCT Orders Briefing on LTBB Reservation Boundaries in Criminal Case

Here is the order in People v. Covey:

Michigan SCT Order