Tribes Sue for CARES Act Funds

Here is the complaint in Agua Caliente Band of Cahuilla Indians v. Mnuchin (D.D.C.):

1 Complaint

4 Motion for TRO

Eastern Band Cherokee Bid to Enjoin Catawba Trust Land Acquisition Fails

Here is the order in Eastern Band of Cherokee Indians v. Dept. of the Interior (D.D.C.):

22 DCT Order

Briefs here.

Fort Sill Apache Loses Akela Flats Suit against NIGC

Here is the order in Fort Sill Apache Tribe v. National Indian Gaming Commission (D.D.C.):

137 DCT Order

Materials here.

NAICJA Webinar at 3pm Today (Thursday)

Criminal Dockets & Due Process Issues

Criminal Dockets & Due Process Issues

Register for Webinar Here: https://us02web.zoom.us/webinar/register/WN_w27L-_5sTbGiMBXQeo9WYg

Ninth Circuit Again Rejects Lezmond Mitchell Challenges to Death Penalty, but Two Judges Question the Punishment

Here is the opinion in Mitchell v. United States.

Judge Christen noted that this is the first intra-tribal carjacking crime to result in death:

I join the majority’s considered opinion in full, but write separately because the lengthy history of this case may make it easy to lose track of the fact that Mitchell did not receive the death penalty for his murder convictions. Mitchell was sentenced to death because, in the course of committing their atrocious crimes, he and his accomplice also committed a carjacking. In my view, it is worth pausing to consider why Mitchell faces the prospect of being the first person to be executed by the federal government for an intra-Indian crime, committed in Indian country, by virtue of a conviction for carjacking resulting in death.

Concurring Judge Hurwitz called on the AG to reconsider this matter:

I write separately to stress a point aptly made earlier in the long history of this case by Judge Reinhardt. See Mitchell v. United States, 790 F.3d 881, 894–97 (9th Cir. 2015) (Reinhardt, J., dissenting in part). The heinous crimes that gave rise to this case occurred entirely within the territory of the sovereign Navajo Nation. The defendant is a Navajo, as were the victims. The Navajo Nation has, from the outset of this case, opposed imposition of the death penalty on the defendant, as have members of the victims’ family

Gaming Licenses / Investigation Dispute–Peoria Tribe

Here are materials in Qualls & Holden v. Mathews, No. CIV-18-M08 (CIO, Miami, OK) & Holden and Qualls v. Ellis, No. 19-M09 (CIO Miami):

Qualls v. Mathews CIV-18-M08 – Final Order of Dismissal

Qualls v. Mathews CIV-18-M08 – FFCL Supporting Order of Dismissal

Holden v. Ellis, CIV-19-M09 – Findings of Fact and Conclusions of Law

D.C. Circuit Briefs in Stand Up for California! v. Dept. of Interior [Wilton Rancheria]

Here are the briefs:

Stand Up Opening Brief

Interior Brief

Wilton Rancheria Brief

Reply

Lower court materials here.

Oral argument audio here.

National Indian Law Library Bulletin (4/29/2020)

Here:

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html
Confederated Tribes of the Chehalis Reservation v. Mnuchin (CARES Act; Relief Funds)
Tsi Akim Maidu of Taylorsville Rancheria v. Department of the Interior (Federal Recognition)
State of Washington, Sauk-Suiattle Indian Tribe and Quinault Indian Nation v. EPA (Clean Water Act)
Williams & Cochrane, LLP v. Rosette, Quechan Tribe of the Fort Yuma Indian Reservation (Fee Agreements)
Baltas v. Erfe (RLUIPA)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
Cora G. v. State of Alaska (ICWA; CINA)
In re Interest of A.K. (Indian Child Welfare Act)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2020.html

  • Politics, Indian law, and the Constitution.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • Student sues school after being turned away for wearing religious attire
  • NDN Collective offers millions to tribes, Indigenous nonprofits, artists and entrepreneurs
  • New research on COVID-19 infection rates in Indian Country
  • Tribes, North Dakota file final agreement in voter ID lawsuits
  • Nathan Tanner: Taking responsibility for the inequality facing the Navajo Nation
  • Chuck Hoskin: Helping Cherokee small businesses survive
  • The COVID-19 pandemic and the 2020 Bristol Bay fishing season
  • ‘We are being born Indian and dying white’
  • Judge halts distribution of relief funding to Alaska Native corporations
  • Water is life: It’s time
  • Donovan White: Standing up for Native Americans and Native American jobs

News Links on First Federal Prisoner Dead from COVID [Andrea Circle Bear]

Here.

Bureau of Prisons release: 20200428_press_release_crw.pdf

MSU Native Faculty/Staff Groups Letter to MSU Administration on National Order of the Arrow Conference Planned for 2020

Here:

Letter to President Stanley Concerning OA National Conference