Updated Materials in Nooksack Disenrollment Appeal — Roberts v. Kelly

Here:

Roberts v Kelly – First Amended Complaint w Appendices

Roberts v Kelly Order Accepting First Amended Complaint

Roberts v. Kelly Declaration of Gabriel S. Galanda in Support of Motion for Contempt

Roberts v. Kelly Motion for Contempt Against Kelly Defendants

Roberts v. Kelly Motion for Reconsideration of Sua Sponte September 6, 2013 Order

Roberts v. Kelly Order Denying Motion for Contempt

Bellingham Herald: http://www.bellinghamherald.com/2013/09/19/3212992/both-nooksack-tribal-factions.html

Read more here: http://www.bellinghamherald.com/2013/09/19/3212992/both-nooksack-tribal-factions.html#storylink=cpy

Al Jazeera America!: http://america.aljazeera.com/watch/shows/live-news/2013/9/tribal-families-battleefforttorejectthem.html

SCOTUSBlog Petition of the Day: Nebraska v. Elise M.

Here:

The petition of the day is:

12-1278

Issue: (1) Whether the Indian Child Welfare Act, 25 U.S.C. §§ 1901-63, prohibits a state court from considering the “best interests of the child” when determining whether “good cause” exists to defy the transfer of an ongoing child welfare case; and (2) whether ICWA requires a state court to treat a motion to terminate parental rights as a “new proceeding” for the purposes of determining whether “good cause” exists to defy the transfer of an ongoing child welfare case.

Possibly a candidate for a CVSG.

Article on Judge Thorne’s Retirement from the Bench

Here.

As a side note, Judge Thorne spent the last few days in Montana, doing an incredible job encouraging the tribes and state to work together to find ways to achieve better outcomes for Indian kids. Given the work he plans on doing in his retirement, we think “retirement” should really be in quotes. Which is lucky for all of us.

Ponca Tribe of Nebraska Seeking Trial and Appellate Judges

Here (PDF):

judge vacancy 2013 0903_Page_1 judge vacancy 2013 0903_Page_2

Tort Claim against Quapaw Tribe and Casino Dismissed

Here are the materials in Martin v. Quapaw Tribe (N.D. Okla.):

9 Motion to Dismiss

9-1 Exhibit A

9-2 Exhibit B

9-3 Exhibit C

14 Response

16 Reply

20 DCT Amended Order Dismissing Complaint

Montana SCT Asserts Jurisdiction over “Ojibwe Peace Flag” Probate

Here are the materials in Estate of Gopher:

Appellant Brief

Appellee Brief

Reply Brief

Mont SCT Opinion

An excerpt:

In its order, the Blackfeet Tribal Court unequivocally declined to assert subject matter jurisdiction with respect to the flag, the subject of this appeal. The Blackfeet Tribal Court noted that the “flag is located in Cascade County and has never been on the Blackfeet reservation” and Dorothy was domiciled in Cascade County at the time of her death. The Blackfeet Tribal Court stated it “will not accept any further filings from the Gopher family in regards to the thirteen star flag until they have prevailed in their litigation in the State Court.” No evidence supports the siblings’ argument that the Blackfeet Tribal Court’s decision was made “prematurely or through error.” Because the Blackfeet Tribal Court has expressly declined to assert jurisdiction over the Estate property, it is clear that the District Court did not unlawfully infringe on the Blackfeet Tribe’s right of tribal self-government. Moreover, because Dorothy resided in Cascade County at the time of her death and the corpus of the Estate is located in Cascade County, venue was proper, and the District Court did not err when it assumed jurisdiction over the probate of the Estate.

Judge Hogan Sets Cherokee Freedmen Oral Argument for April 29, 2014

Here:

2013-09-17 Order Granting Joint Motion for Order Setting Briefing Schedule for Summary Judgment on Core Issue

 

Briefing Schedule in Cherokee Freedmen Case (Now in D.C. Federal District Court)

Here:

2013-09-13 Joint Motion for Order Setting Briefing Schedule for Summary Judgment on Core Issue and Staying Case on All Other Matters

Federal Court Orders Tribal Exhaustion in Coeur d’Alene Reservation Waste Dumping

Here are the materials in St. Isidore Farm LLC v. Coeur D’Alene Tribe of Indians (D. Idaho):

1 Complaint

3-1 St. Isadore Motion for TRO

7 DCT Order Granting TRO

17 Coeur d’Alene Response

21 Coeur d’Alene Motion to Dismiss

28 St. Isadore Reply

43 St. Isadore Response

44 Coeur d’Alene Reply

61 DCT Order Granting Motion to Dismiss

News coverage here.

Evidence of Prior Navajo DUI Conviction Excluded from Federal Prosecution

Here are the materials in United States v. Bundy (D. N.M.):

US Motion to Introduce Evidence of Navajo Conviction

Bundy Response

DCT Order Denying Motion

From the order:

As previously noted, Defendant has provided the Court with a copy of the transcript of her guilty plea proceeding. [Doc. 194-1] Since there is no indication in the transcript that Defendant was represented by counsel, the Court will not assume that Defendant was informed of her rights by counsel. Rule 12(c) of the Navajo Rules of Criminal Procedure required the judge, prior to accepting Defendant’s plea, to explain to Defendant that she had the rights (1) to remain silent, (2) to have counsel at her own expense or appointed counsel if defendant cannot afford counsel, (3) to plead not guilty, (4) to confront and cross-examine witnesses; (5) to be released on bail unless certain findings are made, (6) to trial by jury, (7) to a speedy and public trial, (8) to call witnesses, and (9) to file a writ of habeas corpus. Instead of the detailed enumeration of her trial rights contemplated by the Navajo Rules of Criminal Procedure, the page-and-a-half transcript shows a cursory, rudimentary colloquy. Although Defendant was asked “Do you understand your rights as explained to you?” the transcript does not include any enumeration of those rights, nor does the record show that Defendant was told that she was giving up those rights by pleading guilty. Under the Navajo Rules of Criminal Procedure, the advisement of rights pursuant to Rule 12(c) is the sole procedure for advising a defendant of her rights. Further, Defendant’s counsel has represented to the Court that an examination of the tape of the proceedings before the tribal court for April 22, 2009 fails to show any explanation of rights to Defendant or any other person. [Doc. 194 at 3, n.1] It appears that this prerequisite to a valid guilty plea was entirely overlooked in Defendant’s case. The Court finds that Defendant was not advised of key rights guaranteed by ICRA–the privilege against self-incrimination, the right to confront her accusers and to compulsory process, the right to counsel at her own expense, and the right to trial before a jury of not less than six persons. Section 1302 (4) (6) and (10). The transcript also shows that there was no inquiry into the factual basis of Defendant’s plea. Defendant has made a compelling showing that her guilty plea was not knowing and voluntary. Under ICRA due process of law is itself a right. Section 1302(8). The Court concludes that Defendant’s guilty plea was obtained in violation of the due process provision of ICRA, and under Shavanaux is inadmissible as substantive evidence in a subsequent federal prosecution.

In a footnote, the court added:

Given the solicitude of the Navajo Supreme Court for the rights of accused tribemembers, e.g. Eriacho v. Ramah District Court, 6 Am. Tribal Law 624 (Navajo Sup. Ct. 2005); Navajo Nation v. Curley, 6 Am. Tribal Law 697 (Navajo Sup. Ct. 2005); Curley v. Navajo Nation, 4 Am. Tribal Law 622 (Navajo Sup. Ct. 2002), the Court has considerable doubt whether a prior conviction based on a demonstrably invalid guilty plea would be admissible in Navajo tribal court over the defendant’s objection.