Creek Nation Sues Prosecutors, Too

Here is the complaint in Muscogee (Creek) Nation v. Ballard (N.D. Okla.):

Here is the complaint in Muscogee (Creek) Nation v. Iski (N.D. Okla.):

Montana SCT Briefs in County Effort to Force Reimbursement for PL280 Costs

Here are the briefs in Lake County v. State of Montana:

Tenth Circuit Affirms Restitution Award in Indian Country Manslaughter Case

Here is the opinion in United States v. Johnson.

Petition for Rehearing in City of Tulsa v. O’Brien

Here:

Prior post here.

DOJ Suits Against Oklahoma Prosecutors

Here are the pleadings in United States v. Iski (N.D. Okla.):

And here are the pleadings in United States v. Ballard (N.D. Okla.):

Kirsten Carlson on Justice in Alaska

Kirsten Matoy Carlson has published “Justice Beyond the State” in the Alaska Law Review. PDF

Abstract:

For decades the intersectionality of extreme rurality and cultural difference has led scholars and tribal leaders to advocate for recognition of local authority as a solution to the justice gap in rural Alaska. Local control often means developing courts in and extending jurisdiction to Alaska Native villages. This Article evaluates strengthening tribal courts or justice systems through restorations of jurisdiction as a way to address access to justice issues in Alaska Native villages. It argues that restorations of jurisdiction and the development of tribal justice systems must ensure that Alaska Natives define the justice provided in their communities. Restorations of jurisdiction that require Alaska Native villages to replace their traditions and laws with adversarial processes and values threaten to undermine access to justice.

Oklahoma ILS CLE: “From Ramsey to O’Brien: The Changing Landscape of Jurisdiction in Oklahoma”

Here:

 A ZOOM CLE Program, this Wednesday, December 18, 2024 from 9 am to noon, focusing on jurisdiction in Oklahoma’s Indian Country, focusing on cases spanning from U.S. v. Ramsey in 1926 to the recent Hooper & O’Brien Cases authorizing state jurisdiction over Indians in Indian country under novel and unprecedented theories

3 hours of Oklahoma Continuing Legal Education credit applied for, including 1 hour of ethics.

Presented by the Oklahoma Indian Bar Association (“OIBA”)

Email to OklahomaIndianBarAssociation@yahoo.com for more information. Contact Arvo Mikkanen via text at 405/420-9912 with any questions.

Online registration deadline is 12/18/24 at 9:00 am.

REGISTRANTS WILL RECEIVE A ZOOM LINK BY EMAIL ON THE DAY OF THE SEMINAR 12/18/24. DO NOT ASK FOR LINK BEFORE THAT TIME. LINK WILL BE SENT ONLY TO THE EMAIL ADDRESS YOU PROVIDE WHEN YOU REGISTER.

A DROPBOX WILL BE SET UP AND EMAILED TO YOU FOR YOU TO DOWNLOAD THE WRITTEN MATERIALS

Registration is $ 75.

Current paid 2024 & 2025 OIBA members with paid membership are entitled to $15 discount and can register for $60.

Elected Tribal Leader / Tribal Employee Registration is $ 30.

Student registrations are $20.

Attorneys: 3 Oklahoma Continuing Legal Education (“CLE”) Credits Applied for, including 1 hour of ethics. If you wish for credits for other states, that is your responsibility to submit to your own state bar for approval.

If you are not an Oklahoma bar member, please enter 00000 in the registration form.

AGENDA

9:00 am – 10:00 am – Arvo Mikkanen (Kiowa/Comanche), Attorney & Former Tribal Judge

OIBA President Mikkanen will discuss the recognition of Indian country post statehood in the Osage murder trials, the re-establishment of tribal and federal jurisdiction under the Littlechief and Ahboah cases, and the constructs for analysis provided in the Bracker and Castro-Huerta cases. Ethics for practicing attorneys in the Indian law field will also be discussed throughout.

10:00 am – 11:00 pm – Patti Palmer Ghezzi, Attorney & Trial/Appellate Consultant

Ms. Ghezzi will discuss the critical cases litigated and decided involving Oklahoma’s Indian country after Littlechief, leading up to the Murphy and McGirt cases which recognized the continuing boundaries of the Muscogee Nation Reservation.

11:00 am – 12:00 pm – Jeri Wisner (Muscogee), Attorney General – Muscogee Nation

AG Wisner will discuss the City of Tulsa’s attempts to undermine the McGirt decision which re-established Indian country in eastern Oklahoma within the boundaries of the Muscogee Nation reservation through the recent Hooper and O’Brien cases. The focus will be on assertions that the state has criminal jurisdiction over Indians within Indian country, under a variety of novel theories.

Oklahoma Court of Criminal Appeals Enables Tulsa to Prosecute Indians

Here is the opinion in City of Tulsa v. O’Brien:

Briefs are here.

Montana SCT Rejects Municipality’s Claim to Reimbursement for PL280 Costs from State

Here are the materials in Lake County v. State of Montana:

Opening Brief

Montana Answer Brief

Reply

Opinion

Tenth Circuit Reverses Dismissal of Indian Country Murder Case

Here is the opinion in United States v. Martinez.