Lac Courte Oreilles Band of Lake Superior Chippewa Indi

SCOTUS Denies Cert in Wisconsin v. LCO Night Deer Hunting Case

Matthew L.M. Fletcher

Here is today’s order list.

The petition is here.

Wisconsin Files Cert Petition in Night Deer Hunting Case

Matthew L.M. Fletcher2 Comments

Here is the petition in Wisconsin v. Lac Courte Oreilles Band of Lake Superior Chippewa Indians:

Wisconsin Petition for Writ of Certiorari

Question presented:

A moving party under Fed. R. Civ. P. 60(b)(5) must show a significant change in factual  conditions or law that renders continued enforcement of a judgment detrimental to the public interest. The proceeding is not a relitigation of the underlying judgment. Here, the Seventh Circuit shifted the burden to the non-moving party (Wisconsin) to justify an underlying judgment that night hunting of deer was fundamentally unsafe. Does Rule 60(b)(5) permit shifting the burden to the non-moving party to justify the original judgment?

LCO Cert Opp

Seventh Circuit materials here.

1842 Ojibwe Treaty Meeting at Lac Vieux Desert

Matthew L.M. Fletcher

Participants: Lac Vieux Desert, Lac du Flambeau, Mole Lake, St. Croix, Red Cliff, Fond du Lac, Keweenaw Bay, Bad River, Lac Courte Oreilles

Here:

1842 Ojibwe Treaty Meeting 2 1842 Ojibwe Treaty Meeting 3 1842 Ojibwe Treaty Meeting 4 1842 Ojibwe Treaty Meeting 5 1842 Ojibwe Treaty Meeting

Seventh Circuit Reverses and Remands Night Deer Hunting Case

Matthew L.M. Fletcher3 Comments

Here is the opinion in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. State of Wisconsin:

LCO Opinion

Briefs here.

Lower court materials here.

Oral Argument Audio and News Coverage of Seventh Circuit Night Deer Hunting Appeal

Matthew L.M. Fletcher

Here:

http://www.haywardwi.com/news/regional/article_d2a05afa-3f71-11e4-a0cd-9b4c7db942c1.html

http://wxpr.org/post/tribes-wait-decision-night-hunting-appeal

Here’s the oral argument – http://media.ca7.uscourts.gov/sound/external/gw.14-1051.14-1051_09_16_2014.mp3

Briefs are here.

Seventh Circuit Briefs in Lac Courte Oreilles Band v. Wisconsin — Night Deer Hunting Appeal

Matthew L.M. Fletcher2 Comments

Here:

Tribal Opening Brief

Wisconsin Brief

Tribal Reply Brief

Lower court materials here.

Opening Seventh Circuit Brief in Wisconsin Night Hunting Case

Matthew L.M. Fletcher

Here is the opening brief in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. State of Wisconsin:

7th Circuit FINAL Night Hunting Opening Brief

Lower court materials here.

Wisconsin Tribes Lose Effort to Undo Ban on Night Hunting of White Tail Deer

Matthew L.M. Fletcher3 Comments

Here are the materials in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. State of Wisconsin (W.D. Wis.):

336 Tribal Trial Brief

337 Wisconsin Trial Brief

373 Tribal Post Trial Brief

375 Wisconsin Post Trial Brief

376 Tribal Reply

377 DCT Order Denying Tribal Motion

Prior order here.

LCO Treaty Rights Camp Update

Matthew L.M. Fletcher

Iron County is going to postpone its prosecution of treaty rights campers, article here. An excerpt:

People at the Lac Courte Orielles harvest camp in northern Wisconsin will not face eviction any time soon as Iron County Board members decided Tuesday night to postpone any directives to its district attorney to seek civil and criminal charges.

The board referred the matter to the county forestry committee, the group that originally approved a year-long stay for the camp. It next meets Aug. 13.

The Lac Courte Orielles Band of Lake Superior Chippewa camp of two dozen wigwams sits near the area where Gogebic Taconite is exploring a proposed mine site. Clashes in the past few months with mining officials and those opposed to the practice have elevated the public knowledge of the camp. The band is using the camp to highlight the natural resources it says are at risk due to the proposed mining.