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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 District of North Dakota, Eighth Circuit, Fort Berthold Tribal Court, Kodiak Oil & Gas (USA) Inc. v. Burr, Kodiak Oil & Gas (USA) Inc. v. Seaworth, MHA Nation Supreme Court, tribal court exhaustion doctrine, tribal court jurisdiction over nonmembers
Eight Circuit Affirms Conviction of Habitual D.V. Offender
Here is the opinion in United States v. Oka.
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.
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
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
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
Eighth Circuit Decides Stanko v. Oglala Sioux Tribe
Here is the opinion. Briefs here.
Eighth Circuit Affirms Upward Depature in Sentence of Habitual Indian Country D.V. Offender
Here is the opinion in United States v. Eagle Pipe.
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
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.
