Eighth Circuit

Opening Eighth Circuit Brief in Two Shields v. Wilkinson

Matthew L.M. Fletcher2 Comments

Here:

opening brief of plaintiffs-appellants

addendum to brief of plaintiffs-appellants

The MSU ILPC filed an amicus brief in this matter as well:

Two Shields ILPC Amicus Final

Lower court order here:

108 Order Granting Motion to Dismiss

Here are the opening lines of the appellants’ brief:

Appellees engineered and executed a scheme to swindle hundreds of millions of dollars in oil-and-gas lease revenue from Appellants Ramona Two Shields and Mary Louise Defender Wilson and the class of Native Americans they propose to represent. Yet the District Court concluded that Appellants could not, as a matter of law, pursue their North Dakota common-law claims against Appellees simply because Appellees involved the United States in their swindle. Based on that fact alone, the District Court found that Federal Rule of Civil Procedure 19 required dismissal of Appellants’ entire case.

There is a parallel suit against the United States in the CFC.

 

Eighth Circuit Affirms Pine Ridge Man’s Drug Conviction, but Criticizes Harsh Sentence

Matthew L.M. Fletcher

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

And footnote 2 (joined by two of the judges):

In affirming the denial of postconviction relief to Walking Eagle, we nevertheless observe that Walking Eagle’s 20-year mandatory minimum sentence is another example of a harsh sentence that is required for a non-violent crime in what now seems generally recognized as this country’s continuing but unsuccessful War on Drugs. On August 12, 2013, in a speech before the American Bar Association, United States Attorney General Eric Holder emphasized the need to “fundamentally rethink[] the notion of mandatory minimum sentences for drug-related crimes,” as these sentences “oftentimes generate unfairly long sentences” and, as a result, “breed disrespect for the system.” Eric Holder, Attorney General of the United States, United States Department of Justice, Remarks at the Annual Meeting of the American Bar Association’s House of Delegates (Aug. 12, 2013), available at http://www.justice.gov/iso/opa/ag/speeches/2013/ag-speech-130812.html.

Eighth Circuit Affirms Criminal Sentence in Red Lake Reservation Robbery

Matthew L.M. Fletcher

Here is the opinion in United States v. Downwind.

Federal Court Orders Fond du Lac Band to Pay Rent to City of Duluth for 2009-2011 as Gaming Revenue Sharing

Matthew L.M. Fletcher1 Comment

Here are the materials in this iteration of City of Duluth v. Fond du Lac Band of Lake Superior Chippewa (D. Minn.):

258 City of Duluth Motion for Stay

262 Fond du Lac Rule 60 Motion

266 Fond du Lac Response to Motion for Stay

269 City Response to Rule 60 Motion

270 Reply in Support of Rule 60 Motion

273 DCT Order

News coverage here.

This case is on remand from the Eighth Circuit; materials here.

The City has a pending matter against the NIGC here.

UND Panel Discussion on Native American Sentencing Disparity and the Case of Dana Deegan

Matthew L.M. Fletcher

Looks like an amazing discussion. Here. We posted on this case here.

The UND School of Law will host a panel discussion featuring Federal Judge Myron H. Bright on October 14, 2013 from 1:30 p.m. – 3:30 p.m. UND School of Law Baker Courtroom.  The panelists will discuss the topic of Native American sentencing disparity and specifically the case of Dana Deegan. She is a member of the Three Affiliated Tribes, and is currently serving a 10-year sentence on a charge of second-degree murder.

Schedule of Speakers:

1:30 – 2:00 p.m. – Overview of the Disparity Problem and its Origins
BJ Jones, Director, Tribal Judicial Institute & Chief Justice of the Turtle Mountain Tribal Court of Appeals
Chris Ironroad, Associate Attorney at Sonosky, Chambers, Sachse, Endreson & Perry, LLP

2:00 – 3:00 p.m. – Impact of Disparity on Native Americans- The Case of Dana Deegan
Judge Myron H. Bright, United States Court of Appeals for the Eighth Circuit
Judge David E. Ackerson, St. Louis County, Minnesota
Sarah Deer, Assistant Professor of Law, William Mitchell College of Law
Marmie Jotter, sister of Dana Deegan and licensed psychotherapist

United States Court of Appeals for the Eighth Circuit – Appeal of Dana Deegan Case

3:00 – 3:30 p.m. – How the Guidelines Unfairly Treat Domestic Violence Victims
Radmilla Cody- Ms. Navajo Nation 1997-98 and recording artist

Light refreshments will be served during the event

Eighth Circuit Decides DISH Network Must Exhaust Tribal Court Remedies in Dispute at Turtle Mountain

Matthew L.M. Fletcher1 Comment

Here is the opinion in DISH Network v. Laducer:

CA8 Opinion

Briefs are here.

Lower court materials are here.

Eighth Circuit Affirms Conviction of Embezzlement from Spirit Lake Housing

Matthew L.M. Fletcher

Here are the materials in United States v. Yankton:

CA8 Unpublished Opinion

Yankton Opening Brief

US Brief

Yankton Reply Brief

From the court’s syllabus:

Evidence was sufficient to support defendant’s conviction for embezzlement and theft from an Indian tribal organization.

Eighth Circuit Affirms Dismissal of FTCA Complaint Alleging Abuse of Indian Juvenile Detainee

Matthew L.M. Fletcher

Here are the materials in Runs After v. United States:

Opinion

Runs After Brief

US Brief

Lower court materials here.

Eighth Circuit Affirms Conviction under Federal Habitual Offender Law in Indian Country DV Case

Matthew L.M. Fletcher1 Comment

Here is the opinion in United States v. St. John.

Eighth Circuit Rejects Sandy Lake Chippewa Secretarial Election Appeal — UPDATED with briefs

Matthew L.M. Fletcher

Here is the opinion.

The court’s syllabus:

Civil case – Indian law. Because the district court had adjudicated the issue of subject matter jurisdiction in the Sandy Lake Band’s previous suit, and Sandy Lake did not appeal from that decision or exhaust its administrative remedies, the court is bound by the district court’s original determination that it lacked subject matter jurisdiction; the district court’s dismissal order is affirmed, but modified to be without prejudice.

Briefs:

Sandy Lake Opening Brief

Federal Answering Brief

Sandy Lake Reply

Lower court materials here.