Here is the opinion in Cross v. Fox.
Briefs:
Lower court materials here.
treaty rights
Washington SCT Decides Wild Fish Conservancy v. Washington Dept. of Fish and Wildlife
Here.
Briefs:
- Appellants Opening Brief
- Respondent Cooke Aquaculture Pacific Brief
- Respondent Washington Department Fish & Wildlife Corrected Response Brief
- Appellants Reply Brief
- Amicus – Jamestown S’klallam Tribe
- Amicus Washington State Department of Ecology
- Amicus – Swinomish Indian Tribal Community
- Appellants’ Answer to Amicus
- Appellants Answer to Amicus Washington State Department of Ecology
- WDFW’s Answer to Amicus Swinomish Indian Tribal Communitys
- Respondent Answer to Amicus Swinomish Indian Tribal
Ninth Circuit Briefs in Swinomish v. Lummi [US v. Washington subproceeding 19-01]
Here:
Lower court materials here.
The dispute involves waters somewhere in . . . here:
Answer Briefs here:
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:
State SCT cert stage briefs:
ResponseObjection – Petition for review
Prior post here.
Tribal Amicus Brief Supporting Cert Petition in LTBB v. Whitmer
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.
Update:
LTBB v. Whitmer Cert Petition
Here:
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.
Hunting and Fishing in Indian Law Today
Turtle Talk 
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