Here.
Department of Justice Journal of Federal Law and Practice — Missing or Murdered Indigenous Persons: Law Enforcement and Prevention
Here.
Here.
Here is the motion in Crow Tribe v. Repsis (D. Wyo.):
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.
Here are the materials in Berry v. Whitten (N.D. Okla.):
Here are the relevant materials in United States v. Fowler (D. Mont.):
Here are the materials in United States v. Smith (D. Or.):
Prior decisions involving the same defendant are here (Ninth Circuit) and here (Oregon appellate court).
Here:
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
Final NCAI-Tribal Governments Amici Brief-US v Cooley 1-15-21
Other Cooley materials are here.
Here is the opinion in United States v. Earth.
Here is the order in People v. Covey:
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