sovereign immunity – Page 94

This case involves a prosecution for delivery of marijuana. The investigating agency was the police department of the Tulalip Tribes. The Tribes asserted sovereign immunity in response to a defense subpoena for information the Tribes deemed immaterial. Recognizing that a sovereign entity is not subject to compulsory process, the superior court quashed the subpoena. The court then granted the defendant’s motion to dismiss the prosecution under CrR 8.3(b). The State appeals the dismissal. We hold the court abused its discretion by dismissing the case without first determining whether the subpoenaed information was material. Because the record does not support a finding of materiality, we reverse the order of dismissal.

Briefs are here:

Tribal Court Denies Injunction in Nooksack Disenrollee Challenge

May 22, 2013Matthew L.M. Fletcher2 Comments

Here are the materials available in Lomeli v. Kelly (Nooksack Tribal Court):

Order Denying Motion for Preliminary Injunction

Defendants Response Brief in Opposition to Plaintiffs Emergency Motion for T

Reply in Support of Plaintiffs Emergency Motion for TRO

Copy of the OIN/NY State/County Agreement

May 21, 2013Kate Fort1 Comment

The 79 page PDF is here

Via Syracuse.com.

Oneida Indian Nation and State of New York Agreement on Wide Range of Issues

May 16, 2013May 16, 2013Kate Fort

Here. Another article here.

Details from the Syracuse.com article:

In a deal announced today, the Oneidas will give 25 percent of their gaming machine revenues to the state in exchange for exclusive rights to run casinos in a 10-county area of Central New York. Gov. Andrew Cuomo said that could mean $50 million a year for the state.

— Oneida and Madison counties agree to drop all legal action against the Oneidas over land and tax issues. The state will drop any support of those actions.

— No casinos would be built in the 10-county Central New York region, which includes Onondaga County. Vernon Downs, which opened in 2006, could continue to operate.

— The Oneidas, which have been granted 13,000 acres of tax-exempt trust land by the federal government, agree to cap their total trust land to 25,000 acres.

— Oneida County will get $2.5 million a year and Madison County will get $3.5 million from the state’s share of the Oneidas’ payments.

— The Oneidas will charge — and keep — the same sales taxes New York state charges. The Oneidas must use that money for the same kinds of services New York does.

— The nation will waive its sovereign immunity for the agreement, allowing New York to take the tribe to federal court in any disputes.

OSG Recommends Denial of Michigan’s Cert Petition in Vanderbilt Casino Dispute

May 15, 2013Matthew L.M. Fletcher1 Comment

Here is the brief:

12-515 Michigan v Bay Mills

State Law Employment Discrimination Suit against Harrah’s Rincon Casino & Resort Dismissed

May 1, 2013Matthew L.M. Fletcher

Here are the materials in Tavares v. Harrah’s Operating Co. (S.D. Cal.):

DCT Order Granting Motion to Dismiss

Harrah’s Motion to Dismiss

Arizona COA Decides ISDEAA Immunity Case in Favor of Tribal Interests

April 30, 2013Matthew L.M. Fletcher2 Comments

Here is today’s opinion in Shirk v. Lancaster:

CV 12-0131

An excerpt:

Loren Shirk seeks damages for allegedly negligent conduct by two Gila River Indian Community (“GRIC”) police officers. Because we conclude the trial court erred in granting Shirk’s motion to set aside the prior final judgment in favor of the officers, we reverse.

Briefs are here. Lower court materials here. Materials in related case against City of Chandler here. Here are the materials in the federal case dismissing a Federal Tort Claims Act action.