Eastern Band of Cherokee Indians

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

Judge Bradley Letts on the Cherokee Court System

Matthew L.M. Fletcher

Judge Bradley Letts has published “The Cherokee Tribal Court: Its Origins and Its Place in the
American Judicial System” in the Campbell Law Review.

Highly recommended.

Federal Court Remands Insurance Dispute Involving Eastern Band Cherokee Gaming Entity to State Court

Matthew L.M. Fletcher

Here are the materials in Gemini Insurance Company v. Harrah’s NC Casino Company LLC (E.D. N.C.):

1-notice-of-removalDownload
1-3-complaintDownload
11-motion-to-remandDownload
13-harrahs-motion-to-dismissDownload
15-old-republic-motion-to-dismissDownload
26-opposition-to-motion-to-remandDownload
29-reply-in-support-of-motion-to-remandDownload
35-dct-orderDownload

Annette Saunooke Clapsaddle: “Writing in the Ancestral Cherokee Homeland”

Matthew L.M. Fletcher

Here.

Annette’s YA novel, Even As We Breathe, is available here.

Nobles v. North Carolina Cert Petition

Matthew L.M. Fletcher

Here:

Appendix

Cert Petition

Questions presented:

The Major Crimes Act, 18 U.S.C. § 1153, grants the federal courts exclusive jurisdiction over listed offenses committed by an “Indian.”

The Questions Presented are:
I. How does one determine whether a defendant is an Indian?

II. Is Indian status a jury question?

Lower court materials here.

North Carolina SCT Decides Indian Status in Criminal Jurisdiction Case

Matthew L.M. Fletcher

Here are the materials in State v. Nobles:

opinion.pdf

appellant-brief.pdf

appellee-brief.pdf

reply.pdf

Lower court materials here.

Federal Court Dismisses FLSA Claim against EBCI Casino

Matthew L.M. Fletcher

Here are the materials in Clark v. Harrah’s NC Casino Company, LLC (W.D. N.C.):

1 Complaint

18-1 Motion to Dismiss

29 Amended Complaint

34-1 Motion to Dismiss

39 Response

43 Reply

45 Individual Defendant MTD

51 Response

52 Reply

53 Magistrate Report

54 Defendants Limited Objections

55 Plaintiff Objections

56 Plaintiff Reply

57 Defendants Reply

58 DCt Order

North Carolina COA Rejects Jurisdictional Challenge of Nonmember Indian (an Indian not a member of any Indian tribe)

Matthew L.M. Fletcher

Here are the materials in State v. Noble (N.C. Ct. App.):

appellant brief

appellee brief

reply

state v nobles

Federal Court Dismisses Slip and Fall Suit against Casino for Failure to Exhaust Tribal Remedies

Matthew L.M. Fletcher

Here are the materials in Sullivan v. Harrah’s Operating Company (D.S.C.):

28-1-motion-to-dismiss

34-dct-order

Eastern Band Cherokee Seek Tribal Operations Director

Sarah M Donnelly

The Tribal Council of the Eastern Band of Cherokee Indians is accepting applications for a Director of Tribal Operations.  Applicant will report directly to the Tribal Council Chairman and will provide service to the Legislative Branch of Government.  Must hold a JD Degree from an American Bar Association accredited law school.  Must be eligible for or admitted to the practice of law in the State of North Carolina and be a member in good standing of the North Carolina State Bar.  The Director of Tribal Operations must be eligible to or admitted to practice before the Federal, State and EBCI Court.  Attorney with a minimum of seven years experience and knowledge of Indian Law, including administrative and management experience.  Eighteen to twenty-four months in the position would be necessary.

Send Resumes to Kelly Sampson, EBCI Tribal Operations Program PO BOX 455 Cherokee, NC 28719, email kelllong@nc-cherokee.com or fax (828)497-5927.  Phone (828)359-7023