Cherokee Nation AG Concurs with Freedmen Motion for Reconsideration before the Cherokee SCT

Hat tip Pechanga.

Here are those materials:

SC-11-02 16Motion to Reconsider Order of August 22 2011 9-13-11

SC-11-02 17-Response 9-14-11

The Cherokee AG’s response is curious: The AG agrees that the case should be reconsidered, largely in light of HUD’s decision to cut off funding and the BIA’s warning letter.

Here are the District Court stays in question:

11-Temp Order and Temp Injunction 5-14-2007

Order Continuing Current TO & Temp Injunction Pending Appeal

Will the Cherokee Supreme Court grant the motion????

Briefing in Cherokee Nation Appeal of Nash Decision in Freedmen Case

Thanks for Marilyn Vann for the head’s up.

The briefs are here, and hopefully links will work below as well:

1- Petition in Error 1-25-11
2- Designation of Record 2-7-11
3- Entry of Appearance 2-23-11
4- Response to Petition in Error 2-23-11
5- Counter-Designation of Record 2-23-11
6-Certification of Court Clerk
7-Brief 4-25-11
8-Appellees’ Answer Brief 6-3-11 part 1
8-Appellees’ Answer Brief 6-3-11 part 2
8-Appellees’ Answer Brief 6-3-11 part 3
8-Appellees’ Answer Brief 6-3-11 part 4

Cherokee District Court Holds 2007 Tribal Constitutional Amendment Disenrolling Freedmen VOID

Here is the order:

Nash v Cherokee Nation Registrar

The Cherokee Nation’s entry into the hereinbefore mentioned Treaty of 1866 was an agreement which, to this date, has not been modified or abrogated by any action heretofore taken either through Constitutional change or Amendment thereto and the Nation is still bound by such provisions. The Cherokee Constitutional Amendment of March 3, 2007, by virtue of the provisions of the Treaty of 1866 and subsequent actions taken in furtherance thereof, are hereby determined to be void as a matter of law.

Cherokee Trial Court Holds Hearing on Freedmen Case

From the Cherokee Phoenix (via Pechanga):

TAHLEQUAH, Okla. – The Cherokee Nation District Court held a July 17 hearing for the case of Raymond Nash v. CN Registrar as attorneys for both parties presented arguments for their motions for summary judgment.

A summary judgment is a decision based on statements and evidence presented for the record without a trial. It is used when there is no dispute regarding facts and one party is entitled to judgment as a matter of law.

The Nash case is a class action lawsuit involving 386 Freedmen descendents claiming they were illegally removed from the CN citizenship rolls by a voter-approved constitutional amendment in March 2007.

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