Cherokee Nation

Supreme Court Grants Texas v. Haaland

Kate Fort

Here is the order

The Court granted the petition with no limitations, so the issues are not limited the way the government and four tribes requested. Arguments will be held next term (terms start in October, so after October, 2022).

SCOTUS Grants Oklahoma Petition to Consider Whether the State Can Prosecute Non-Indian – on – Indian Crime in Indian Country

Matthew L.M. Fletcher

Here is today’s order.

The grant is limited to question 1 — here are the questions presented:

  1. Whether a State has authority to prosecute non- Indians who commit crimes against Indians in Indian country.
  2. Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.

Cert stage materials in Oklahoma v. Castro-Huerta:

Petition.pdfDownload
Oklahoma DAs Association Amicus Brief.pdfDownload
Oklahoma Environmental Federation Amicus.PDFDownload
Texas Amicus Brief.pdfDownload
Tulsa Amicus Brief.pdfDownload
Castro-Huerta BIO.pdfDownload
Cherokee Nation Amicus Brief.pdfDownload
Chickasaw and Choctaw Amicus.pdfDownload
MCN Amicus Brief.pdfDownload
Oklahoma Cert Reply.pdfDownload

Lower court materials:

OCCA Opinion.pdfDownload
Castro-Huerta Brief on Reservation Disestablishment.pdfDownload
Cherokee Amicus Brief.pdfDownload
State Brief on Concurrent Jurisdiction.pdfDownload
Castro-Huerta Response Brief on Concurrent Jurisdiction.pdfDownload
Oklahoma District Court Opinion.pdfDownload

Oklahoma Court of Criminal Appeals Affirms Conviction of Cherokee Freedmen Descendant

Matthew L.M. Fletcher

Here is the opinion in Parker v. State of Oklahoma.

Briefs:

Appellant Brief

Appellee Brief not available

Reply

State Brief after Remand

Parker Brief after Remand

Utah Court of Appeals on Placement Preferences and Active Efforts [ICWA]

Kate Fort

And in the last of your published ICWA case updates this morning, here is a case from Utah:

2021-20200795-caDownload

Cherokee Nation Reservation Boundaries Case out of the Oklahoma Court of Last Resort

Kate Fort
20210311095431892Download

We also find this District Court appropriately applied McGirt to determine that Congress did establish a Cherokee Reservation and no evidence was presented showing that Congress explicitly erased or disestablished the boundaries of the Cherokee Reservation or that the State of Oklahoma had jurisdiction in this matter.

Hogner v. State of Oklahoma

Briefs:

Hogner Brief

State Brief

Hogner Supplemental Brief

State Supplemental Brief

Cherokee Nation Amicus Brief

WaPo: “The Jeep Cherokee is not a tribute to Indians. Change the name.”

Matthew L.M. Fletcher

By Angela Riley, Sonia Katyal, and Rachel Lim, here.

See also, the commentary in the Detroit Free Press featuring Stacy Leeds et al.

Cherokee Prisoner’s Second Habeas Petition Denied Despite McGirt

Matthew L.M. Fletcher

Here are the materials in Berry v. Whitten (N.D. Okla.):

2 Second Unauthorized Habeas Petition

4 DCT Order

Stat: “‘They’ve been following the science’: How the Covid-19 pandemic has been curtailed in Cherokee Nation”

Matthew L.M. Fletcher

Here.

Tenth Circuit Confirms Sentence on Cherokee Nation Citizen’s Conviction for Child Neglect

Matthew L.M. Fletcher

Here is the opinion in United States v. Clark.