Eighth Circuit Moots Challenge to Tribal Criminal Jurisdiction over On-Rez Crimes on Fee Lands

Here is the opinion in LaBatte v. Gangle.

Briefs:

Opening Brief

Answer Brief

Reply

Washington Federal Court Confirms Off-Res Trust Land is Indian Country

Here are materials from United States v. Parisien (E.D. Wash.):

1 Indictment

75 Motion to Dismiss

84 Response

88 Reply

93 DCT Order

Blast from the Past: Cheyenne River Sioux Tribe Amicus Brief in Solem v. Bartlett

Teaching “Indian country” today. . . .

Authors: Rick West, Susan Williams, Kevin Gover, Art Lazarus, Reid Chambers, and William Perry.

South Dakota Federal Court Dismisses Challenge to Sisseton Wahpeton Criminal Jurisdiction

Here are the materials in LaBatte v. Gangle (D.S.D.):

1 Complaint

19 Amended Complaint

20 Motion for PI

25 SWO Opposition to Motion for PI

27 SWO Motion to Dismiss

30 Defendant’s Consolidated Reply

32 DCT Order

“2020 Census: National Congress of American Indians Representatives”

 

In this video representatives at the National Congress of American Indians talk about the importance of being counted and what it means to participate in the 2020 Census.

To fill out the 2020 Census online, start here.

2020 Census Questions on Race Handout here.

National Tribal Broadband Summit

Expanding Opportunity, Access, and Connectivity to Indian Country

  • September 23-24, 2019
  • More details and registration here.

The Summit will provide an opportunity for Tribal Leaders, representatives of Tribal organizations, representatives of schools and school districts serving under-connected Native students, Tribal libraries, museums, and cultural centers, private sector, and federal program managers and policymakers to facilitate meaningful discussions focused on bridging the connectivity gap in Indian Country. Sessions will focus on topics including: Funding Broadband Infrastructure, Connectivity Solutions, Planning and Implementation, Community Engagement & Partnerships, Leveraging Technology for Social and Economic Well-being, and Protecting & Preserving Culture.

 

Tenth Circuit Decides Criminal Jurisdiction Matter Involving Sandia Pueblo Reservation Boundaries

Here is the opinion in United States v. Antonio.

Briefs:

Opening Brief

Answer Brief

Reply

Federal Court Indian Country Determination Order [Ohkay Owingeh Pueblo]

Here are the materials in United States v. Vigil (D.N.M.):

60-us-motion-for-indian-country-determination-1.pdf

71-opposition.pdf

89-reply.pdf

201-dct-order.pdf

Ninth Circuit Confirms Assimilative Crimes Act Applies in Indian Country

Here is the opinion in United States v. Smith.

Briefs:

opening-brief.pdf

amicus-brief.pdf

us-answer-brief.pdf

reply-3.pdf

Federal Court Holds State Highway on Sandia Pueblo is Indian Country

Here are the materials in United States v. Antonio (D.N.M.):

62 Motion to Dismiss

68 Response

84 DCT Order

An excerpt:

THIS MATTER comes before the Court on the Defendant’s Motion to Dismiss for Lack of Federal Subject Matter Jurisdiction, filed April 10, 2017 (Doc. 62)(“Motion”). The Court held an evidentiary hearing on April 11, 2017, and a hearing on April 12, 2017. The primary issue is whether the Court has jurisdiction over this matter under the Indian Pueblo Land Act Amendments of 2005, Pub. L. No. 109-133, 119 Stat. 2573 (Dec. 20, 2005), codified at 25 U.S.C. § 331 Note, because the automobile collision giving rise to Plaintiff United States of America’s criminal prosecution against Defendant Jeffrey Antonio, which occurred on private land, nonetheless occurred within the exterior boundaries of the 1748 Spanish land grant to the Sandia Pueblo, which Congress confirmed in the Act of December 22, 1858, 11 Stat. 374, 374 (1859). The Court concludes: (i) the automobile collision giving rise to this criminal cause of action occurred within the exterior boundaries of the 1748 Spanish land grant; and, consequently, (ii) under 25 U.S.C. § 331 Note, the Court has jurisdiction over this matter. Accordingly, the Court denies Antonio’s Motion.