Here is the state court complaint in Herda v. Daniel Gordy & Assoc. (and Tribal First/Hudson Insurance):
tribal courts
Opening Brief in Wisconsin SCT Case Involving Tribal Court Transfer Rule (Kroner v. Oneida)
Two Navajo SCT Opinions Filed Late in 2011: Criminal and Grazing Permit Disputes
Here they are (website):
Bitsie v. Greyeyes, Opinion. The Court grants habeas relief to a defendant who was verbally charged with an additional crime at his pre-trial conference, arrested, then denied bail at his arraignment later the same day. While Navajo law allows bail to be heard at arraignment, the law requires specific findings on enumerated grounds by clear and convincing evidence. No such findings were part of the record in this case. Additionally, the Court stated that where the underlying charge does not specify incarceraton as a possible sentence, courts shall consider alternatives to detention as a first option. (December 29, 2011).
In the Matter of Quiet Title to Livestock Grazing Permit No. 8-487 Formerly Held by Martha Francis, Opinion. In this appeal of the Kayenta Family Court’s dismissal of a quiet title action regarding a grazing permit due to lack of subject matter jurisdiction, the Court reverses, stating that Navajo Nation Council resolution CO-59-03 did not establish the Office of Hearings and Appeals as the exclusive forum for resolving disputes concerning grazing permits and did not divest the family courts of their authority to hear and decide such matters as part of probate and quiet title actions. The Court stated that upon remand, the family court must look into whether the decedent perfected a transfer of the permit during her lifetime or effected an oral will. Additionally, the Court addressed the 5-year statutory probate filing deadline and stated in a footnote that a late filing does not mean that a decedent’s estate may never be legally distributed. A decedent’s family may still seek distribution of the decedent’s estate through intestate administration after the statute of limitations has passed. (December 29, 2011).
Navajo SCT Opinion: Thomas-Pittman v. Navajo Nation
Here.
The court’s syllabus:
In this attempted filing of a pleading contesting an order of the Office of Hearings and Appeals without a filing fee due to indigency, the Court dismisses on the basis of improper filing. The Court repeats that the fee is jurisdictional and may be waived only where required under the Navajo Nation Bill of Rights. The Court provides a summary of circumstances in which the waiver is available, and cautions filers that their pleadings must conform to content requirements in appellate court rules.
Minnesota Court Recognizes Tribal Court Judgment of $19 Million against Gaming World International
Here is the news coverage.
We posted about the tribal court decision here.
Update in Dollar General v. Mississippi Choctaw: Tribal Jurisdiction Upheld
Here are the materials in Dolgen Corp. v. Mississippi Band of Choctaw Indians (S.D. Miss.):
Dollar General Motion for Summary J
Materials from a 2008 TRO motion in the same case are here.
Ninth Circuit Denies Fourth Amendment Challenge to Search on Crow Reservation
Here is the unpublished opinion in United States v. Littlebird.
An excerpt:
More importantly, significant intervening circumstances exist to sufficiently purge the taint of the illegal stop. First, prior to the interview, Littlebird was arraigned in the Crow Tribal Court and received appointed counsel. Second, the record reflects that Littlebird himself likely initiated the interview with the investigating officers. Third, before the interview he spoke with his Tribal counsel—a crucial factor in attenuation. United States v. Wellins, 654 F.2d 550, 555 (9th Cir. 1981). And finally, his counsel was present during the entire interview.
Materials in Fine v. Pojoaque Pueblo Gaming Commission
Fine Point has posted case materials here.
- 12/9 Ruling on Case
- 10/13 Ruling on Motion to Dismiss
- 9/26 FPG Rebuttal to PPGC Response to Principal Brief
- 9/16 FPG Response to Motion to Dismiss
- 9/6 Pojoaque Response to Principal Brief
- 8/23 Pojoaque Motion to Dismiss
- 8/5 FPG Principal Brief
- 6/27 Pojoaque response to Statement of Case
- 6/15 FPG Statement of Case
Tulalip Housing Construction Contract Dispute Remanded Back to State Court; Federal Court Awards Atty. Fees
Here are the materials in Lewis v. Raymond James Native American Housing Opportunities Fund II LLC (W.D. Wash.):
Fund Opposition to Remand Motion
Gustafson v. Poitra Cert Petition
Here is the petition (docket no. 11-701):
Gustafson v Poitra Cert Petition
Here are the questions presented:
1. Whether the State of North Dakota can supplant its own state case law, instead of federal law on jurisdictional disputes between state courts and tribal courts.
2. Whether the State of North Dakota has subject matter jurisdiction over a contract dispute between a nonmember individual and a member of an Indian tribe arising from the ownership and use of a building located on non-Indian owned fee land on an Indian reservation.
Here is the lower court opinion. Here is Gustafson’s lower court brief. And Poitra’s. Poitra was pro se.
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