cert petition

United States v. Hopson Cert Petition

Matthew L.M. Fletcher

Here:

US Cert PetitionDownload

Question presented:

Whether respondents—Indians charged with felony assault in Indian country under the Major Crimes Act in violation of 18 U.S.C. 113(a)(6) and (8) and 1153(a)— were entitled both to a jury instruction on a lesser included offense not listed in the Major Crimes Act and complete acquittal if the jury found them guilty of that lesser offense.

Lower court materials here.

Flying T v. Stillaguamish Cert Petition [Immovable Property Exception to Sovereign Immunity]

Matthew L.M. Fletcher

Here is the petition in Flying T Ranch Inc. v. Stillaguamish Tribe of Indians:

Cert Petition.pdfDownload

Question presented:

Under the immovable-property rule, may a party sue an Indian tribe, without the latter’s consent, in a State court to quiet title to real property located in that State but which is not within the boundaries of the tribe’s reservation and is not held in trust by the United States?

Lower court materials here.

Martorello v. Williams Cert Petition [tribal sovereign lending]

Matthew L.M. Fletcher

Here:

Cert Petition.pdfDownload

Questions presented:

1. Whether the Indian Commerce Clause preempts state regulation of loans made on an Indian reservation, by an arm of a tribe, when the borrower contracts via the internet.

2. Whether a violation of the unlawful debt prohibition of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962, requires scienter for civil liability.

Lower court materials here.

Someone’s either been playing Galaga or reading Gorsuch, or both.

FlintCo LLC v. Choctaw Nation of Oklahoma Cert Petition

Matthew L.M. Fletcher

Here:

FlintCo PetitionDownload

Prior post here.

Briefs in Opposition to Alaska’s Effort to Once Again Open Up the Alaska Native Subsistence Rights Litigation

Matthew L.M. Fletcher

Here are the new briefs in Alaska v. United States:

Federal BIO

Tribal BIO

Cert petition here.

OMG this is ridiculous.

Stroble v. Oklahoma Tax Commission — State Brief in Opposition to Cert

Matthew L.M. Fletcher

Here:

Oklahoma Brief in Opposition

Cert petition here. Amicus briefs in support of the petition here.

Sault Tribe v. Michigan — Briefs in Opposition to Cert

Matthew L.M. Fletcher

Here:

Federal Brief in Opposition

Tribal Brief in Opposition

Petition here.

Stroble v. Oklahoma Tax Commission Amicus Briefs in Support of Petition

Matthew L.M. Fletcher

Here:

Muscogee (Creek) Nation Amicus Brief.pdfDownload
NCAI Amicus Brief.pdfDownload
Cherokee Chickasaw Choctaw Amicus Brief.pdfDownload
Seminole Nation Amicus Brief.pdfDownload

Petition here.

Siletz Takes Unusual Step of Filing an Amicus Brief in Opposition to Chinook’s Federal Recognition Cert Petition Where Feds Had Already Declined to Respond

Matthew L.M. Fletcher

Here is the brief in Chinook Indian Nation v. Burgum:

Siletz Amicus BIO

Petition here.

SCOTUS Denies Unkechauge and Stitt Petitions [Update: And Maverick, too]

Matthew L.M. Fletcher

Here is the order list.

The Unkechauge petition is here.

The Stitt petition is here.

The Maverick petition is here. [Apparently, they changed their name to RunItOneTime, LLC, which alone is reason enough to deny their petition.]

These guys had nothing to do with it, but they’re cool.