tribal membership

Nooksack Court of Appeals Holds Tribal Police Chief in Contempt

Matthew L.M. Fletcher1 Comment

Here is the order:

In re Gabriel Galanda v Nooksack Tribal Court Second Order on Motion to Enforce Contempt Order

Update on Nooksack Disenrollments: Tribal Court Now Rejects Pleadings from Tribal Members

Matthew L.M. Fletcher

Here are new pleadings (stamped rejected) in Belmont v. Kelly (Nooksack Tribal Court):

Belmont (Roberts) v Kelly REJECTED Motion to Expand Injunction

Belmont (Roberts) v. Kelly REJECTED Declaration of Michelle Joan Roberts in Support of Motion to Expand Injunction

Grand Ronde Disenrollees Prevail in Tribal Appellate Court

Matthew L.M. Fletcher

Here are the materials in Alexander v. Confederated Tribes of the Grand Ronde :

Alexander v. Confederated Tribes of Grand Ronde Opinion

Alexander v. Confederated Tribes of Grand Ronde Opening Brief

Alexander v. Confederated Tribes of Grand Ronde Appellees’ Brief

Alexander v. Confederated Tribes of Grand Ronde Petitioners’ Reply Brief

Galanda Urges Nooksack Court of Appeals to Fine Police Chief, Order Chief Judge

Sarah M Donnelly

New materials in Galanda v. Nooksack Tribal Court (as of Aug. 3):

In re Gabriel Galanda v Nooksack Tribal Court Response re Order on Motion to Enforce Contempt Order

In re Gabriel Galanda v Nooksack Tribal Court Declaration of Gabriel S Galanda in Support of Response re Order on Motion to Enforce Contempt Order

Recently, the former tribal attorney on the case is now its Chief Judge (Exhibit C in Declaration) and the Police Chief missed yesterday’s show cause deadline.

Link to court order to show cause by Aug. 3 here.

Link to Bellingham Herald coverage from July 29 here.

Ninth Circuit Reverses Major Crimes Act Conviction on Indian Status Grounds

Matthew L.M. Fletcher

Here is the opinion in United States v. Alvirez.

The court’s syllabus:

The panel reversed a conviction for assault resulting in serious bodily injury on an Indian reservation, in violation of 18 U.S.C. §§ 1153 and 113(a)(6), and remanded.

The panel held that the district court abused its discretion when it determined that a Certificate of Indian Blood offered into evidence by the government in order to establish Indian status, an essential element of § 1153, was a self-authenticating document under Fed. R. Evid. 902(1). The panel held that this error was not harmless.

The panel held that the district court did not abuse its discretion in denying the defendant’s motion in limine to exclude references to polygraph evidence, where the defendant, who elected not to present his multiple-interrogation defense as a legal strategy, was not denied the opportunity to present his defense.

The panel held that the district court cannot show plain error in the district court’s application of enhancement under U.S.S.G. § 2A2.2 for infliction of permanent or life-threatening injury.

The panel held that double jeopardy does not bar retrial after reversal in this case because the erroneously-admitted Certificate of Indian Blood was nevertheless sufficient evidence to support the conviction.

Briefs here.

 

En Banc Petition in Pala Band Disenrollment Appeal (Aguayo v. Jewell)

Matthew L.M. Fletcher

Here:

ECF AGUAYO PETITION REHEARING

2012 BAND WEBSITE

BIA LUCERO DEC

ECF filed Req for Judicial Notice 09.23.2015

FREEMAN DEC

Panel materials here.

Latest Rejected Filings from Nooksack Tribal Court Clerk

Sarah M Donnelly

Galanda v Bernard Rejected Motion for Partial Summary Judgment

Galanda v Bernard Rejected Declaration of Anthony Broadman In Support of Motion for Partial Summary Judgment

In re Gabriel Galanda v Nooksack Tribal Court REJECTED Motion to Enforce Contempt Order

In re Gabriel Galanda v Nooksack Tribal Court REJECTED Declaration of Gabriel S. Galanda In Support of Motion to Enforce Contempt Order

Link to previous coverage here.

Cert Petition in Kelsey v. Pope

Teresa Walrod2 Comments

Cert Petition regarding the question of the Little River Band’s criminal jurisdiction over off-reservation crimes affecting core tribal government interests.

Questions presented:

1.  Whether Indian tribes can prosecute their members for acts that occur outside the tribe’s territory absent Congressional authorization; and

2. Whether the Band’s retroactive expansion of a narrow and precise jurisdictional statute to encompass an extraterritorial act previously outside its plain terms violates the due process protections of the Indian Civil Rights Act, 25 U.S.C. § 1302(a), and Bouie v. City of Columbia, 378 U.S. 647 (1964).

No. 16-5120 Kelsey Cert Petition

Prior posts on Kelsey v. Pope, including lower court decisions, are here.

 

Ninth Circuit Affirms Denial of Relief in Pala Band Disenrollment Appeal

Matthew L.M. Fletcher2 Comments

Here is the opinion in Aguayo v. Jewell.

An excerpt:

This appeal analyzes whether the Bureau of Indian Affairs (BIA) acted arbitrarily and capriciously when it concluded that, according to tribal law, it had no authority to intervene in a tribal membership dispute, in which more than 150 people were disenrolled from the Pala Band of Mission Indians (Pala Band or Band). We conclude that it did not, and affirm the decision of the district court.

Appellate Briefs:
Doc. 13 – Appellant’s Opening Brief
Doc. 23 – Answering Brief of the Federal Defendants
Doc. 21 – Appellant’s Reply Brief

Lower court materials here

Nooksack Appellate Court Orders Court Clerk to Accept Galanda Filings

Sarah M Donnelly

Here is the May 27th order:

In re Gabriel Galanda v Nooksack Tribal Court Order Re Second Petition for Appellate Writ of Mandamus

May 25th order previously posted here.