Eighth Circuit Rejects MHA Nation Citizens’ Voting Rights Suit

Here is the opinion in Cross v. Fox.


Lower court materials here.

Fort Berthold Agency

Washington SCT Decides Wild Fish Conservancy v. Washington Dept. of Fish and Wildlife



State Court Dismisses Charges Against Hazen Shopbell, Anthony Paul On Treaty Grounds

Here are the materials in State v. Shopbell (Wash. Super. Ct.):

7. CrR 8.3(b) Motion to Dismiss for Governmental Misconduct

11. Memo In Support of Motion to Dismiss for Bad Faith

13. CrR 8.3(c) Motion to Dismiss

29. Memorandum in Opposition to Motions to Suppress Evidence and or Dismiss

30. Reply in Support of Motions to Dismiss

38. Supplemental Reply in Support of Motions to Dismiss

42. Motion for Bill of Particulars

46. Response to Motion for Bill of Particulars

52. Joint Reply In Support of Motion for Bill of Particulars

63. Supplemental Motion to Dismiss Pursuant to CrR 8.3(c)

66. Defendants’ Joint Motion to Dismiss and Renewed Motion to Dismiss per CrR 8.3

68. Defendants’ Supplemental Motion to Dismiss

69. Response to Pretrial Dismissal Motions

70. Reply on Pretrial Dismissal Motions

There was no written ruling, but from the bench the Judge explained:

“My decision is consistent with the heart of the Treaty & Rafeedie Consent Decree, preserving Treaty rights that were gained many years ago.  This court shouldn’t be involved in those issues.”

Wyoming Appellate Court Orders Hearing in Herrera Matter; State Appeals to State SCT

Here is the opinion in Herrera v. State of Wyoming:

District Court Opinion

State SCT cert stage briefs:

Petition – Writ – review

ResponseObjection – Petition for review

Prior post here.

Tribal Amicus Brief Supporting Cert Petition in LTBB v. Whitmer


Petition here.

Sklallam Tribes’ Cert Petition over Lummi Nation U&A [U.S. v. Washington subproceeding 11-02]

Here is the petition in Jamestown S’Klallam Tribe v. Lummi Nation:

Question presented:

The question presented is whether the Ninth Circuit—in conflict with decisions of this Court and other courts—properly abrogated the long-settled and original understanding of a central treaty term, without any legal or factual basis for doing so, and while redefining the boundary of a major body of water to accommodate its novel treaty interpretation.

Lower court materials here.

Penobscot Nation + US Cert Petitions against Maine in Penobscot River Dispute

Here is the petition in Penobscot Nation v. Frey:

Here is the petition in United States v. Frey:

Question presented (from the Penobscot petition):

Whether the Maine Indian Settlement Acts— consistent with this Court’s precedents on statutory interpretation and the Indian canons of construction— codify the historical understanding of the Penobscot Nation, the United States, and the State that the Penobscot Reservation encompasses the Main Stem of the Penobscot River.

Lower court materials here.


NCAI Amicus Brief

Members of Congress Amicus Brief

Maine State-Tribal Commission Amicus Brief

LTBB v. Whitmer Cert Petition


Cert Petition

Question presented:

Whether the 1855 Treaty of Detroit established a federal reservation for the Little Traverse Bay Bands of Odawa Indians?

Lower court materials here.