Tag Archives: jurisdiction

Jurisdiction Case out of the Arizona Court of Appeals [ICWA, UCCJEA]

Here. This case has gone up a couple of times.

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

Briefs in Rosebud Sioux Tribe and Fort Belknap Indian Community v. Trump (Keystone XL)

Here are the briefs on the United States’ and TransCanada’s Motions to Dismiss Rosebud and Fort Belknap’s treaty and jurisdiction claims regarding the Keystone XL Pipeline. TransCanada Motion to Dismiss US Motion to Dismiss Rosebud and Fort Belknap Response US … Continue reading

Posted in Author: Matt Campbell, cultural resources, Environmental, Research, treaty rights | Tagged , , , , , ,

Sixth Circuit Affirms Tribal Court Decision in Spurr v. Pope

Decision But our review involves no probing of the facts, just a pure question of law: Does a tribal court have jurisdiction under federal law to issue a civil personal protection order against a non-Indian and non-tribal member in matters arising … Continue reading

Posted in Author: Kate E. Fort, Research, tribal courts, VAWA | Tagged , , , , ,

Grandparent Standing Case in Arizona Court of Appeals

Here. While the Court of Appeals found that the grandmother didn’t have standing and properly dismissed the case, opinion notes the Tribal Court had already been exercising jurisdiction over the child in a concurrent child custody matter.

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

Spurr v. Pope Decision in WD Michigan [Tribal Court Jurisdiction to Issue PPO]

33_Opinion and Order Briefing here: 21 Motion for PI 22 Response 23 Reply 26 DCT Briefing Order 30 Motion to Dismiss 31 Response 32 Reply

Posted in Author: Kate E. Fort, tribal courts, VAWA | Tagged , , , ,

Child Welfare Jurisdiction Case out of Utah

Here The child welfare case did not fall under ICWA because the child was not as a member or eligible for membership in the tribe, so the Court used the UCCJEA to determine jurisdiction.

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

South Dakota Supreme Court Overturns Denial of Transfer to Tribal Court

Here. We agree that the court’s denial of the request to transfer was improper. It is undisputed that the circuit court refused to hold a separate evidentiary hearing on the question of good cause. And the court’s commentary on the … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , | 1 Comment

Washington to Retrocede PL 280 Jurisdiction over Yakama Reservation


Posted in Author: Ann Tweedy, Criminal | Tagged , , , , | 1 Comment

Florida Appeals Court Strips Miccosukee Tribal Court of Jurisdiction in UCCJEA Matter

Here is the opinion in Billie v. Stier: Fla Ct App Opinion An excerpt: This Petition for a Writ of Prohibition evolves out of a custody dispute between the mother, who is a member of the Miccosukee Tribe of Indians, … Continue reading

Posted in Author: Matthew L.M. Fletcher, Child Welfare, Research, tribal courts | Tagged , , , , , , ,

Order and Judgment in CDST Gaming v. Comanche Nation

Order here. Accordingly, treating the tribal court papers filed by Comanche Nation and the tribal court papers of the Comanche Nation partially adopted by the Federal Defendants, as motions for summary judgment under Rule 56, Fed. R. Civ. P. (doc. … Continue reading

Posted in Author: Kate E. Fort, gaming | Tagged , , , , | 1 Comment