Tag Archives: Eighth Circuit

Eighth Circuit Decides Kodiak Oil & Gas (USA) Inc. v. Burr]

Here. Excerpt: A dispute over the practice of flaring natural gas from oil wells fuels the legal controversy in this case: the scope of Native American tribal court authority over  nonmembers. Several members of the MHA Nation sued numerous non-tribal oil … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, tribal courts | Tagged , , , , , , ,

Eight Circuit Affirms Conviction of Habitual D.V. Offender

Here is the opinion in United States v. Oka.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , ,

Split Eighth Circuit Panel Affirms Constitutionality of North Dakota Election Law Designed to Dilute the Indian Country Vote

Here is the opinion in Brakebill v. Jaeger. Materials and other coverage here.

Posted in Author: Matthew L.M. Fletcher, Research, voting rights | Tagged , , ,

Eighth Circuit Decision Upholding Tribal Jurisdiction in Watso v. Piper [ICWA, PL 280]]

Decision here. This settles a long running string of cases out of the Minnesota federal courts in which the non-Indian parents of tribal member children argued there was no tribal jurisdiction over their children when they lived on the tribal … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, tribal courts | Tagged , , , , , , , , ,

Split Eighth Circuit Reinstates MCA Manslaughter Indictment of Mother of Newborn Killed by Drug Toxicity

Apparently the first time the federal government has prosecuted a drug addicted mother for the death of a newborn. Here is the opinion in United States v. Flute. Briefs: Appellant Brief Appellee Brief Reply District Court materials (D.S.D.): 2 Redacted … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , ,

Oglala Sioux Tribe v. Fleming Cert Petition

Here: cert petition Questions presented: 1. Whether the Eighth Circuit erred in holding, in conflict with decisions of this Court and three other courts of appeals, that the possibility of filing a separate mandamus action was in and of itself … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Research, Supreme Court | Tagged , , , , ,

Eighth Circuit Decides Stanko v. Oglala Sioux Tribe

Here is the opinion. Briefs here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, tribal courts | Tagged , , , , , ,

Eighth Circuit Affirms Upward Depature in Sentence of Habitual Indian Country D.V. Offender

Here is the opinion in United States v. Eagle Pipe.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , ,

Eighth Circuit Asks Defendants for Response to En Banc Petition

Here is the order: JUDGE ORDER:A petition for rehearing has been filed by the appellees in the above cases. The court requests a response to the petition. The response is limited to 3900 words and must contain a word count … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , , , , ,

Oglala Sioux Tribe Files En Banc Petition in South Dakota ICWA Case

Here is the petition in Oglala Sioux Tribe v. Vargo (AKA Oglala Sioux Tribe v. Fleming, and FKA Oglala Sioux Tribe v. Van Hunnik): En Banc Petition Panel decision here. Briefs here.  

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , , , , ,