Keweenaw Bay Indian Community

Michigan SCT Holds KBIC Workers Did Not Violate State Tobacco Law When Transporting Unstamped Smokes

Matthew L.M. Fletcher

Here is the opinion and the materials in People v. Magnant:

Mich SCT Opinion

Davis Brief

Magnant Brief

State Brief

Magnant Reply

Davis Reply

Prior post here.

Michigan COA Holds State Courts Have Jurisdiction in Reservation Property Dispute

Matthew L.M. Fletcher

Here is the opinion in Smith v. Landrum (Mich. Ct. App.):

Opinion

An excerpt:

The question presented in this quiet title action is whether a state court has subject-matter jurisdiction to decide an easement dispute in favor of a non-Indian on land owned by a non-Indian when the land is located on an Indian reservation. The trial court concluded that it did not, and therefore entered a final order granting defendants’ motion for summary disposition under MCR 2.116(C)(4) (lack of subject-matter jurisdiction).1 For the reasons outlined below, we hold that the trial court had subject-matter jurisdiction over the easement dispute. We therefore reverse the order granting defendant’s motion for summary disposition, and remand for further proceedings.

Michigan SCT to Hear Appeal of KBIC Employees Charged with Criminally Violating State Tobacco Transportation Law

Matthew L.M. Fletcher

Here are materials so far in the cases captioned People v. Davis and People v. Magnant:

Majority Opinion [Mich. COA]

Dissent [Mich. COA]

SCT Order Granting Review

Circuit Court materials:

Defendants Due Process Motion

Defendants Motion to Quash Information

Defendants Motion to Suppress

People Response to Due Process Motion

People Response to Motion to Quash

People Response to Motion to Suppress