Federal Court Dismisses Suit by Former Crow Tribal Judges

Here are the materials in Not Afraid v. United States (D. Mont.):

4 Amended Complaint

4-6 Judicial Ethics Board Decision

14 US Motion to Dismiss

19 Tribe Motion to Dismiss

20 Response to 14

22 Response to 19

23 US Reply

25 Tribe Reply

26 Magistrate Report

31 DCT Order

Federal Court Dismisses Challenge to Tribal Court Marriage Dissolution Proceeding [UPDATED]

Here are the materials in LaForge v. Gets Down (D. Mont.):

12 Morton Motion to Dismiss

21 Tribal Judges Motion to Dismiss

26 Order to Show Cause

27 Morton Response

28 Tribal Judges Response

29 LaForge Brief

30 Magistrate Report

31 Tribal Judges Objection

33 DCT Order

Update [6/26/2018]

31 Motion to File Evidence

34 Response

35 Magistrate Report

36 DCT Order

Ninth Circuit Denies Fourth Amendment Challenge to Search on Crow Reservation

Here is the unpublished opinion in United States v. Littlebird.

An excerpt:

More importantly, significant intervening circumstances exist to sufficiently purge the taint of the illegal stop. First, prior to the interview, Littlebird was arraigned in the Crow Tribal Court and received appointed counsel. Second, the record reflects that Littlebird himself likely initiated the interview with the investigating officers. Third, before the interview he spoke with his Tribal counsel—a crucial factor in attenuation. United States v. Wellins, 654 F.2d 550, 555 (9th Cir. 1981). And finally, his counsel was present during the entire interview.

PacificCorp v. Real Bird — No Tribal Court Jurisdiction

This case, out of the District of Montana, involves a trespass claim in Crow Tribal Court by Crow allottees regarding a transmission wire owned by PacificCorp.

pacificorp-motion-for-summary-judgment

real-bird-motion-to-dismiss

magistrate-findings-and-recommentations

order-adopting-findings-and-recommendations

Part II of Billings Gazette Special Report on Tribal Sovereignty

From the Billings Gazette (Part I is here):

Three days a week, a dozen or so defendants in criminal cases appear before a Crow Tribal Court judge.

They could be charged with anything from a traffic violation to murder, and they could be there for a five-minute guilty plea or a weeklong trial. It’s all in the mix of a court schedule that begins at 8 a.m. and sometimes stretches into the evening.

Last year, the court handled 3,410 criminal cases, 335 civil cases, plus an intensive drug court and juvenile proceedings for a total of more than 4,200 cases, according to Associate Justice Julie Yarlott. During most of that year, the court was operating with just two judges. A second associate judge position is in the process of being filled.

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Stone v. Blackhawk — Tribal Court Exhaustion at Crow

Here is a simple tribal court exhaustion case arising out of a property dispute at Crow.

stone-v-blackhawk-complaint

magistrate-report and recommendation

objection-to-report-and-recommendation

dct-order-adopting-rr