Tag Archives: Idaho Supreme Court

Idaho SCT Decides Coeur d’Alene Tribe Water Rights Matter Largely in Tribe’s Favor

Here is the opinion in In re:CSRBA Case No. 49576 (Idaho S. Ct.). Briefs: Idaho Opening Brief Appellants Opening Brief US Response Brief Coeur d’Alene Tribe Response Brief HECLA Response Brief North Idaho Water Rights Alliance Response Brief Idaho Response … Continue reading

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

2018 PLSIers Already Know What the Idaho Supreme Court Just Decided — 22% Indian Blood Means You’re an Indian

Here is the opinion in State v. George.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , | 3 Comments

Idaho SCT Briefs in Coeur d’Alene Water Rights Case

Here are the briefs (so far) in Coeur d’Alene Tribe v. State of Idaho: Tribe Opening Brief US Opening Brief

Posted in Author: Matthew L.M. Fletcher, Research, water rights | Tagged , , | 1 Comment

Idaho SCT Enforces Coeur d’Alene Tribal Court Order against Nonmembers

Here is the opinion in Coeur d’Alene Tribe v. Johnson. (PDF) An excerpt: Here, the Johnsons assert that the Tribal Court is dominated by the Tribe. They point to the tribal law stating that the Tribe has jurisdiction over the river and … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Tribal Codes, tribal courts | Tagged , , ,

Coeur d’Alene Tribe Wins Writ of Mandamus from Supreme Court of Idaho

Opinion in Coeur d’Alene Tribe v. Lawrence Denney here. Star Tribune article covering decision here. The Supreme Court of Idaho ruled in the Coeur d’Alene Tribe’s favor yesterday when it ordered the Secretary of State to put in effect S.B. … Continue reading

Posted in Author: Sarah Donnelly | Tagged , , , ,

ICWA/PL-280 Case out of Idaho Supreme Court

Here. Difficult case involving extreme domestic violence, a step-parent adoption, tribal court orders, state court orders, and interpretation of exclusive tribal jurisdiction under ICWA and PL-280. The challenge to state jurisdiction was brought by bio-father whose parental rights were terminated, which … Continue reading

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

Idaho SCT Decides ICWA Active Efforts Case

Here is the opinion for In re Jane Doe. An excerpt: Jane Doe appeals from an order terminating her parental rights to her son, TSD. Because TSD is an “Indian child” as that term is defined by the Indian Child … Continue reading

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

Native Wholesale Supply v. Wasden (Idaho) Cert Petition

Here: Native Wholesale Supply v Wasden Cert Petition 1. Whether under circumstances in which a State is admittedly precluded from regulating an Indian it is also precluded from regulating a corporation wholly owned by an Indian and organized under the … Continue reading

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

Idaho SCT Affirms Jurisdiction over Native Wholesale Supply

Here is the opinion. The court’s summary: In an appeal from Ada County, the Supreme Court affirmed the decision of the district court that the State of Idaho can regulate the importation of cigarettes onto reservations located in Idaho and … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, Tribal Codes | Tagged , , , | 1 Comment

Idaho Supreme Court Rejects “Church” of Marijuana Defense to Criminal Conviction

Here is the opinion in State v. Fluewelling. An excerpt: Defendant  relies  upon the phrase, “nor shall any preference be given by law to any religious denomination or mode of worship.”  He contends that a preference has been granted to another religion … Continue reading

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