tribal courts

Ford Motor Credit v. Poitra — Fed. Court Refuses to Dismiss Tribal Court Jurisdiction Case

Matthew L.M. Fletcher1 Comment

Here are the materials:

DCT Order Denying Motions

Ford Motor Motion for Summary J

Poitra Response and Motion to Dismiss

Ford Motor Reply

Alaska Supreme Court Recognizes Inherent Authority of Native Village of Tanana’s Tribal Court in ICWA Matters

Matthew L.M. Fletcher

Here is the opinion in Alaska v. Native Village of Tanana.

And the materials:

Alaska Opening Brief

Tanana Brief

Alaska Reply Brief

Water Wheel v. LaRance Ninth Circuit Oral Argument Audio

Matthew L.M. Fletcher

Here.

Navajo Nation Supreme Court Issues Omnibus Order in Massive DiscretionaryFund Fraud Cases

Matthew L.M. Fletcher

Here is the opinion in Acothley v. Perry. (H/T Pechanga)

As you may recall, the Navajo Special Prosecutor filed more than 250 criminal cases in the Window Rock District Court a few months back, creating a logjam of complex criminal cases (our post here).

The court’s syllabus:

Acothley et al v. Perry, Opinion and Omnibus Order and Writ of Superintending Control. In this application for a Writ of Superintending Control, the Court denies Petitioners’ request for dismissal and disqualification of Judge Carol Perry and Judge T. J. Holgate of the Window Rock District Court and further, issues a writ requiring consolidation of co-conspirators into joint trials in the Discretionary Fund Cases.  (March 1, 2011)

Gabe Galanda on Arbitration and Indian Country Disputes

Matthew L.M. Fletcher

Gabriel Galanda has published, “Arbitration in Indian Country: Taking the Long View,” in the Dispute Resolution Journal.

Here is a pdf: Arbitration in Indian Country

Eighth Circuit Affirms Use of “Indescribed” Tribal Court Convictions in Federal Sentencing

Matthew L.M. Fletcher

Here is the unpublished opinion in United States v. Jones, for a crime committed on the Red Lake Reservation:

CA8 Opinion in Jones

And the briefs:

Jones Opening Brief

USA Brief in Jones

An excerpt:

Here, the district court did not procedurally err in considering Jones’s tribal convictions. The Guidelines specifically permit a district court to consider tribal court convictions for the purpose of determining the adequacy of a defendant’s criminal history, see U.S.S.G. § 4A1.3(a)(2)(A), and this court has consistently approved tribal convictions as a permissible basis for departing upward from the advisory Guidelines range. See, e.g.,United States v. Cook, 615 F.3d 891, 893 (8th Cir.2010);United States v. Harlan, 368 F.3d 870, 874-75 (8th Cir.2004).

Update in Muscogee Nation Upheaval

Matthew L.M. Fletcher1 Comment

Here is a press release issued today by the Muscogee National Council titled, “Bureau of Indian Affairs Fails to Investigate Allegations of Tribal and Federal Funds.”

MCN NationalCouncil Press Release 3_2_11

GTB Appellate Court Issues Opinions in Election Dispute

Matthew L.M. Fletcher

The case is captioned Shomin v. Grand Traverse Band Election Board:

Shomin v. GTB Election Board

Shomin v. GTB Election Board — Intervention Motion

Tribal Court Trainings @ UNM Announcement

Matthew L.M. Fletcher

Tribal Court Training Programs offered by the University of New Mexico School of Law’s Southwest Indian Law Clinic and Institute of Public Law in collaboration with the American Indian Law Center, Inc. Funded by the BIA Office of Justice Services.

Flyer with more details here: Tribal.Court.Training-Registration Form.rev1

Federal Court Dismisses Tort Claim against Chukchansi

Matthew L.M. Fletcher

Here is the opinion in Merrill v. Picayune Rancheria of Chukchansi Indians (E.D. Cal.):

DCT Order Dismissing Merrill Complaint

Chukchansi had waived its immunity in tribal court, but not in federal or state courts.