Eighth Circuit Briefs in Lee v. Cleve Her Many Horses (Challenge to Oglala Sioux Tribal Govt.)

Here:

Lee Opening Brief

Cleve Her Many Horses Answer Brief

Tribal Appellees Answer Brief

Lee Reply Brief

Lower court materials here.

Eighth Circuit Briefs in Smith v. Parker — Formerly a Tribal Court Jurisdiction Matter, Now a Reservation Boundaries Matter

Here:

Nebraska Opening Brief

Tribe Brief

US Brief

Nebraska Reply Brief

Lower court materials and links to prior iterations of this case here.

Eighth Circuit Briefs in Tribal Court Jurisdiction Matter — Belcourt Public School District v. Davis

Here:

Belcourt Public School District Opening Brief

Tribal Response Brief

Belcourt Public School District Reply Brief

Lower court materials here.

Eighth Circuit Briefs in Tribal Court Jurisdiction Matter — Fort Yates Public School District No. 4 v. Murphy

Here:

Fort Yates School District Brief

CMB Brief

Standing Rock Sioux Tribe Response Brief

Reply briefs TK

Fort Yates School District Reply Brief

Lower court materials here and here.

Opening Eighth Circuit Brief in Smith v. Parker — Formerly a Tribal Court Jurisdiction Matter, Now a Reservation Boundaries Matter

Here:

Nebraska Opening Brief

Lower court materials and links to prior iterations of this case here.

Eighth Circuit Affirms Injunction against South Dakota Ban on Native Prisoner Tobacco Use

Here is the opinion in Native American Council of Tribes v. Weber. An excerpt:

In this appeal, we consider the South Dakota Department of Corrections’ (“SDDOC”) decision to prohibit tobacco use by Native American inmates during religious activities. In 2009, the Native American Council of Tribes (“NACT”) and South Dakota Native American inmates Blaine Brings Plenty and Clayton Creek (collectively “inmates”) brought suit against 1 prison officials from the SDDOC (collectively “defendants”)2 claiming that the tobacco ban substantially burdened the exercise of their religious beliefs in violation of the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. § 2000cc-1(a). After a three-day bench trial, the district court granted 3 injunctive relief to the inmates and directed the parties confer regarding a revised tobacco policy. On failure to agree, the district court entered a remedial order that, among other things, limited the proportion of tobacco in the mixture distributed to inmates for religious purposes to no more than one percent. The defendants appeal the grant of injunctive relief, including the remedial order. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

Briefs here:

South Dakota Opening Brief

Native American Council Brief

US Amicus Brief

South Dakota Reply Brief

Lower court materials are here and here.

Other posts are here, here, and here.

 

Eighth Circuit Decides Tribal Court Exhaustion Appeal — Colombe v. Rosebud Sioux

Here is the opinion.

Briefs and lower court materials here.

Federal Court Requires Exhaustion of Tribal Remedies in ICRA Habeas Claim

Here are the materials in Styliest v. Rosebud Sioux Tribe (D.S.D.):

1 Habeas Petition

5 DCT Order Denying Habeas Writ

The Eighth Circuit denied petitioner’s direct appeal of his federal conviction here.

Eighth Circuit Affirms Conviction of Sisseton-Wahpeton Oyate Member for Misapplication of Tribal Funds

Here is the opinion in United States v. Wanna.

An excerpt:

A jury convicted Charlene Wanna of misapplication of funds from an Indian tribal organization and aiding and abetting in violation of 18 U.S.C. §§ 1163 and 2. The district court sentenced Wanna to 33 months imprisonment. Wanna appeals her conviction and sentence. Having appellate jurisdiction under 28 U.S.C. § 1291, we affirm.

The briefs:

Wanna Brief

US Brief

Wanna Reply

Eighth Circuit Briefs in City of Duluth v. Fond du Lac Band of Lake Superior Chippewa II

Here:

Fond du Lac Opening Brief

City of Duluth Brief

Fond du Lac Reply Brief

Lower court materials here.

Materials in City of Duluth v. Fond du Lac I are here.