tribal courts – Page 53

Federal Court Affirms Some 638 Contract Denials re: Northern Arapaho Tribe, Remands Others

June 26, 2017June 26, 2017Matthew L.M. Fletcher

Here are the materials in Northern Arapaho Tribe v. Lacounte (D. Mont.):

131 NAT Motion for Summary Judgment

An excerpt:

The Court affirms the BIA’s declinations of NAT’s second and third judicial services proposals, wildlife resources management proposal, and water resources management proposal. The Court reverses the BIA’s declination of NAT’s youth court proposal, to the extent that the declination improperly relied upon post-hoc justifications, and NAT’s first judicial services proposal. We remand these proposals to the BIA for reconsideration.

Prior posts here.

Tenth Circuit Dismisses Nonmember Challenge to Tribal Court Jurisdiction for Lack of Article III Standing (Nonmember Won on the Merits in Tribal Court)

June 20, 2017June 20, 2017Matthew L.M. Fletcher

Here is the unpublished opinion in Board of Education for Gallup-McKinley Schools v. Henderson.

Briefs and lower court materials here.

Materials in Kickapoo Tribe of Kansas ICRA Habeas Matter

June 19, 2017June 19, 2017Matthew L.M. Fletcher

Here are the materials so far in Darnell v. Merchant (D. Kan.):

1 Habeas Petition

10 DCT Order to Show Cause

12 Motion to Disqualify Counsel

15 Response to 1 & 10

16 Response to 12

18 Reply in Support of 1 & 10

20 Magistrate Order

An excerpt:

Darnell was convicted on March 9, 2017 in two cases before the Tribal Court of tampering with records, fraudulent handling of recordable instruments, and misuse of tribal funds. Although initially released on a cash bond pending sentencing, Darnell was subsequently arrested and has been incarcerated in the Brown County, Kansas Jail since March 31, 2017. On April 14, 2017, Darnell filed her petition for a writ of habeas corpus (the “Petition”). On April 24, 2017, Darnell was sentenced to 18 months and 22 months incarceration, to run concurrently, on her conviction in the two cases. On May 4, 2017, Darnell filed a supplement to her Petition. In her Petition and supplement, Darnell alleges that the Tribal Court committed a number of errors and improprieties with regard to her trial, sentencing, and incarceration, and that she was deprived of her liberty without due process of law as required under the Indian Civil Rights Act. Lemon served as Special Prosecutor for the Kickapoo Tribe in prosecuting Darnell and tried her jury trial that is the subject of this habeas corpus action.

Tulalip Tribal Court Denies Summary Judgment, Affirms In Rem Jurisdiction Versus State over Items Seized Pursuant to Search Warrant

June 16, 2017Matthew L.M. Fletcher

Here are the materials in Shopbell v. Washington Dept. of Fish and Wildlife (Tulalip Tribal Court):

4-6-17 Defendants’ Motion for Summary Judgment and Memorandum in Support of Motion

4-24-17 Plaintiff’s Cross Motion for Partial Summary Judgment Re Probable Cause

5-2-17 Plaintiff’s Response in Opposition to Defendants’ Motion for Summary Judgment

5-4-17 Defendants’ Response to Plaintiff’s Cross Motion for Summary Judgment Re Probable Cause

5-12-17 Defendants’ Reply in Support of Their Motion for Summary Judgment

5-15-17 Plaintiff’s Reply in Support of Cross-Motion for Partial Summary Judgment

6-14-17 Ruling on Summary Judgment Motions

Drug Companies Challenge Cherokee Tribal Court Jurisdiction in Federal Court

June 12, 2017June 12, 2017Matthew L.M. Fletcher18 Comments

Here are the materials in McKesson Corp. v. Hembree (N.D. Okla.):

2 Complaint

13 Motion for Injunction

The tribal court complaint in Cherokee Nation of Oklahoma v. McKesson Corp. is here.

New Scholarship on Navajo Nation Car Buyers and the Subprime Lending Problem

June 5, 2017Matthew L.M. Fletcher

Megan Horning has published “Border Town Bullies: The Bad Auto Deal and Subprime
Lending Problem Among Navajo Nation Car Buyers” in the National Lawyers Guild Review:

Horning Article

Tribal Law Journal Volume 17 Issue

June 5, 2017Matthew L.M. Fletcher

Here is a link to the Tribal Law Journal’s newest issue, Volume 17: http://lawschool.unm.edu/tlj/volumes/index.php

Volume 17 features three recently published law review articles written by students:

Federal Restrictions of Tribal Customary Law: The Importance of Tribal Customary Law in Tribal Courts by Concetta R. Tsosie de Haro (Dine)
“Black Water” – The Devastating Effects of Alcohol on the Core Values of the A:Shiwi (Zuni) by Christy Chapman (Zuni)
“Postcolonial” Management of the Transboundary Guaraní Aquifer System: Indigenous Input As A Guide For Environmental Sustainability by Melissa Leonard