Motions to Dismiss State Prosecutions under McGirt

A flurry of motions has come in. Here is the motion to dismiss a criminal complaint on the Cherokee reservation in State of Oklahoma v. Nichols (Tulsa County Dist. Ct.):

Nichols Brief

Here is the motion to dismiss in a case involving a Creek reservation crime where the defendant marked “I” on the racial identity box, State of Oklahoma v. Williams (Tulsa County Dist. Ct.):

Williams Brief

And here is the motion to dismiss in State of Oklahoma v. Shaffer (Tulsa County Dist. Ct.), where the defendant was unenrolled at the time of the crime and is now seeking enrollment at Cherokee:

Shaffer Brief

SCOTUS Denies Cert in Oklahoma Tax Case But Justice Thomas Offers a Few Fearmongering Words About McGirt

Here is the statement on the denial of cert in Rogers County Board of Tax Roll Corrections v. Video Gaming Technologies, Inc.:

Justice Thomas Statement on Denial of Cert

Here are the cert stage materials in Rogers.

Oklahoma Trial Court Confirms Chickasaw Reservation Remains Extant

Here are the materials in Bosse v. State of Oklahoma (McClain Dist. Ct.):

9-23-2020 Bosse Brief

9-23-2020 Chickasaw Nation Amicus Brief

9-29-2020 State Brief

10-13-2020 DCT Order

This case is on remand from the appellate court, materials here.

Join us for the virtual ILPC/TICA Conference

Anishinaabewaki, East Lansing, MI—When COVID-19 created an atmosphere of uncertainty for conference and training programs in 2020, the Tribal In-House Counsel Association and the Indigenous Law and Policy Center responded. The pressures of many new conditions placed on tribal in-house counsel attorneys prompted us to host the webinar series known as QuaranTICA. QuaranTICA covered issues such as tribal court closures and child welfare concerns while also bringing insight, updates, and as always, good humor to issues affecting tribal attorneys. Now, we are back for more!

The 2020 Indigenous Law Conference will be hosted as a webinar for the first time ever. The date has also changed to accommodate this new format.

The important message here is: it is TICA time!

With some familiar faces and other speakers who are new to our virtual stage, join us November 10, 12, and 13, 2020 to hear follow-up discussions about child welfare and social services, COVID-19 related litigation, quarantine issues and their enforcement, and remote oral arguments. Stay tuned for new panels on voting rights and the McGirt decision. Plus, it isn’t TICA without a reception! We are delighted to host live music from across Turtle Island on the evening of the opening day of the conference—November 10th.

You can find all conference details including registration, the agenda at a glance, and sponsorship tiers at www.indigenouslawconference.com. Just like every year, the Indigenous Law Conference is the time to renew your TICA membership, which is included in the registration fee. The conference is free for law students who register with their current law school email.

Check the website to register. Prior to the event, you will receive a password to the Indigenous Law Conference Participant Portal where the Zoom links will be available.

The conference consists of 6 panels, each 1.5 hours long, and is approved for 9 CLE credits through the Minnesota State Board of Continuing Legal Education.

This year’s conference art is “I Will Show You The Stars” by Emily Courtney.
Visit www.indigenouslawconference.com to learn about the artist.

Nightline Special Feature on Indian Lands; Focus on Oklahoma Tribes, Ohlone Tribe, and St. Regis Mohawk Tribe Tonight

Get ready to stay up late or set your recorder. Nightline page here.

ABC News Turning Point SeriesLooking into What America Owes Native Americans.

Emory to Host Panel on McGirt

Monday, October 12 | 4 PM | ZOOM
McGirt V. Oklahoma: Understanding the Implications of the Recent Supreme Court Decision Across Native America

In celebration of Indigenous Peoples’ Day, Emory University Professor of English Craig Womack (Creek) chairs a panel discussion titled McGirt V. Oklahoma: Understanding the Implications of the Recent Supreme Court Decision Across Native America. 

Sarah Deer (Creek), University of Kansas Department of Women’s, Gender, and Sexuality Studies; Barbara Creel (Jemez Pueblo), University of New Mexico School of Law; and Andrew Adams III (Creek), Muscogee Creek Nation Supreme Court; and Professor Womack will explore the implications of the decision regarding the Creek Nation for Oklahoma tribal nations and other parts of Indian Country.   

ZOOM registration link for this webinar: https://emory.zoom.us/webinar/register/WN_fY3DxgwFTw-SDJDB_owEbA

This lecture is made possible through the generous financial support of the Hightower Lecture Fund and is co-sponsored by the Native American and Indigenous Students Initiative, the Michael C. Carlos Museum, and the School of Law Health Law, Policy & Ethics Project.