Here are the materials in Berry v. Whitten (N.D. Okla.):
Cherokee Nation
Stat: “‘They’ve been following the science’: How the Covid-19 pandemic has been curtailed in Cherokee Nation”
Here.
Tenth Circuit Confirms Sentence on Cherokee Nation Citizen’s Conviction for Child Neglect
Here is the opinion in United States v. Clark.
Motions to Dismiss State Prosecutions under McGirt
A flurry of motions has come in. Here is the motion to dismiss a criminal complaint on the Cherokee reservation in State of Oklahoma v. Nichols (Tulsa County Dist. Ct.):
Here is the motion to dismiss in a case involving a Creek reservation crime where the defendant marked “I” on the racial identity box, State of Oklahoma v. Williams (Tulsa County Dist. Ct.):
And here is the motion to dismiss in State of Oklahoma v. Shaffer (Tulsa County Dist. Ct.), where the defendant was unenrolled at the time of the crime and is now seeking enrollment at Cherokee:
Cherokee Habeas Petitioner’s Claim under McGirt Dismissed as Time-Barred
Here are the materials in Berry v. Bragg (N.D. Okla.):
NYTs: “Black, Native American and Fighting for Recognition in Indian Country”
Here.
NYTs: “A Historic Supreme Court Ruling Upends Courts in Oklahoma”
Here.
Federal Suit Launched against State Jurisdiction in Oklahoma Post-McGirt
Here is the complaint in Pickup v. District Court of Nowata County (N.D. Okla.):
Cert Petition in Oklahoma Gaming Machines Tax Case
Here is the petition in Rogers County Board of Tax Roll Corrections v. Video Gaming Technologies, Inc.:
20200514142407520_Petition for Writ of Certiorari
20200514142428474_Appendix for Petition for Writ of Certiorari
Question presented:
Whether a generally applicable state ad valorem tax, as assessed against personal property owned by a non-Indian, out-of-state corporate entity and leased to a tribe for use in its casino operations, is preempted by the Indian Gaming Regulatory Act and the Court’s “particularized inquiry” balancing test, see White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980), where the tax does not infringe on any federal regulatory purpose contained in the IGRA, the tax does not interfere with any tribal sovereignty interests, and the tax supports relevant and important government interests, such as law enforcement, schools and health services.
Lower court decision here.
UPDATE:
New Book: “The Cherokee Supreme Court 1823–1835”
From Carolina Academic Press, here (h/t Legal History Blog):
The Cherokee Supreme Court
1823–1835
Forthcoming April 2020 • paper
ISBN | 978-1-5310-1841-2 |
e-ISBN | 978-1-5310-1842-9 |
Tags: Indian and Indigenous Peoples Law, Legal History, Regional Interest
The first legal history of the first tribal court upends long-held misconceptions about the origins of Westernized tribal jurisprudence. This book demonstrates how the Cherokee people—prior to their removal on the Trail of Tears—used their judicial system as an external exemplar of American legal values, while simultaneously deploying it as a bulwark for tribal culture and tradition in the face of massive societal pressure and change. Extensive case studies document the Cherokee Nation’s exercise of both criminal and civil jurisdiction over American citizens, the roles of women and language in the Supreme Court, and how the courts were used to regulate the slave trade among the Cherokees. Although long-known for its historical value, the legal significance of the Cherokee Supreme Court has not been explored until now