Eighth Circuit

Eighth Circuit Affirms Indian Country Drug Conviction over Potentially Interesting Jurisdictional Objections

Matthew L.M. Fletcher

Here is the opinion in United States v. Milk.

Briefs:

Opening Brief

Federal Answer Brief

Reply

An excerpt from the opinion:

Milk, who is Native American and an enrolled member of the Oglala Sioux Tribe, contends that the district court lacked jurisdiction because (1) he was convicted of crimes that are not enumerated under the Major Crimes Act, 18 U.S.C. § 1153,4 and (2) under the General Crimes Act, 18 U.S.C. § 1152, the alleged unlawful acts in this case occurred on the Pine Ridge Reservation and only involved American Indian people. But Milk’s arguments are foreclosed by precedent.

Eighth Circuit Rejects Federal Tort Claim against US involving Rosebud Indian Health Clinic Employee Car Accident

Matthew L.M. Fletcher

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

The briefs:

Two Eagle Opening Brief.pdfDownload
US Answer Brief.pdfDownload
Reply.pdfDownload

Eighth Circuit Briefs in Mandan, Hidatsa, and Arikara Nation v. Dept. of the Interior [opposition to Trump-era approval of non-Indian mining on shores of Lake Sakakawea]

Matthew L.M. Fletcher

Here:

MHA Nation Opening Brief.pdfDownload
Federal Brief.pdfDownload
Slawson Brief.pdfDownload

Lower court materials here.

Screen shot from “Before and After the Flood: Property and Sovereignty at Fort Berthold.”

Split Eighth Circuit Reverses State Tax Preemption Judgment Favoring Flandreau Santee Sioux

Matthew L.M. Fletcher

Here is the opinion in Flandreau Santee Sioux Tribe v. Houdyshell.

Briefs here.