Update in Broken Arrow Casino Litigation: Reconsideration Denied; Injunction Modified

Here are the additional materials in State of Oklahoma v. Hobia (N.D. Okla.):

Hobia Motion for Reconsideration

Oklahoma Opposition to Reconsideration Motion

Hobia Reply in Reconsideration Motion

DCT Order Denying Motion for Reconsideration

DCT Order Granting Modification of Injunction

Our prior post on this case is here.

 

Final Trial Order in State of Oklahoma v. Hobia (Broken Arrow Casino)

Here:

State Proposed

DCT Order Granting Injunction

Our prior post on the immunity defense raised in this case is here. Our link to the NIGC opinion about the casino is here.

New Muscogee (Creek) Nation Supreme Court Website

Here. Includes links to the tribal constitution, code, and cases, as well as the Justices:

Friday News Dump — NIGC Opines on Kialegee Broken Arrow Casino

Docs here:

Kialegee_Letter_5-25-12

kialegee_tribal_town_opinion_5-24-12

Federal Court Rejects Immunity Defense in Kialegee Tribal Town/Broken Arrow Casino Suit

Here are the materials in State of Oklahoma v. Hobia (N.D. Okla.):

[105] Opinion Order DenyingMTDs. Filed. 04-26-12 (W1686451)

Hobia Motion to Dismiss

Town Corporation Motion to Dismiss

Oklahoma Response

Defendants Consolidated Reply

The complaint and the still pending motion for injunction from the State are here.

Materials in Kialegee Tribal Town Casino Suit

Here are the materials so far in State of Oklahoma v. Hobia (N.D. Okla.):

Complaint

State Brief for Preliminary Injunction

Hobia Response in Opposition to PI Motion

State DCT Order re Prime Ground Lease

Our previous post is here. The Tulsa World is also collecting docs here.

Congratulations to (Justice) Andrew Adams III

On January 28, 2012, the Muscogee (Creek) National Council held its Legislative branches Quarterly Session. An account of the meeting can be found on the Tribal Town Radio Blog. At the meeting, Andrew Adams III, a citizen of the Muscogee (Creek) Nation, was confirmed as a Supreme Court Justice. Andrew’s other contributions to the legal field can be found here. He’s also a Turtle Talk contributor.

Congratulations to Andrew and his family!

Tenth Circuit Affirms Dismissal of Federal Court ICWA Challenge on Res Judicata Grounds

Here is the opinion in Yancey v. Thomas.

Excerpt:

We are not persuaded. We agree with the Thomases that Yancey’s action is barred by res judicata and that the state-court rulings must be given full faith and credit under § 1738.

The briefs:

Yancey Appellant Brief

Thomas Appellee Brief

Lower court materials here.

Federal Court Permanently Enjoins Muscogee Prosecution for Alleged Crimes on Fee Lands

Here is the order:

Order Granting the Writ

The previous order is here, along with briefs.

Tenth Circuit Affirms Injunction against Tribal Court in Crowe & Dunlevy PC v. Stidham

Here is the opinion. And the briefs.

An excerpt:

Judge Gregory R. Stidham of the Muscogee (Creek) Nation District Court appeals the district court’s order granting preliminary injunctive relief to Crowe & Dunlevy (“Crowe”) and denying Judge Stidham’s motion to dismiss. Crowe & Dunlevy, P.C. v. Stidham, 609 F. Supp. 2d 1211, 1227 (N.D. Okla. 2009). Because the district court correctly denied Judge Stidham’s motion to dismiss and did not abuse its discretion in granting the preliminary injunction, we affirm.