Ninth Circuit

Pyramid Lake Paiute Wins More Water in Ninth Circuit

Matthew L.M. Fletcher

Here is the unpublished memorandum in Pyramid Lake Paiute Tribe of Indians v. Board of Directors of the Truckee-Carson Irrigation District.

Briefs:

Pyramid Lake Opening Brief

Response Brief

Reply Brief

Oral argument video is here.

Ninth Circuit Briefs in NEPA Challenge to Enterprise Rancheria Casino

Matthew L.M. Fletcher1 Comment

Here are the briefs in Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. Zinke:

Opening Brief

Tribe Answer Brief

Federal Answer Brief

Lower court materials here.

Ninth Circuit Materials in Upper Skagit Indian Tribe v. Suquamish Indian Tribe (U.S. v. Washington subproceeding 14-1)

Matthew L.M. Fletcher1 Comment

Here:

S’Klallam Tribes Brief

Suquamish Reply

Tulalip Tribes Brief

Upper Skagit Brief

Oral argument video here.

Ninth Circuit Materials in Makah Indian Tribe v. Quileute Indian Tribe (U.S. v. Washington Subproceeding 09-1 — second go around, I think?)

Matthew L.M. Fletcher

Here:

Four Tribes’ Brief

Hoh Tribe Brief

Makah Brief

Makah Reply

Quinault and Quileute Brief

Six Tribes’ Brief

State Brief

State Reply

Oral argument video here.

Ninth Circuit Affirms Dismissal of Counterclaims against Quinault Tribe

Matthew L.M. Fletcher

Here are the materials in Quinault Indian Nation v. Pearson.

Opinion

Opening Brief

Answer Brief

Reply

The court’s syllabus:

In an action brought by the Quinault Indian Nation alleging a scheme to defraud the Nation of cigarette taxes, the panel affirmed the district court’s dismissal of counterclaims as barred by the Nation’s sovereign immunity. 

The panel held that if brought in a separate suit against the Nation, the counterclaims would be barred by sovereign immunity. Asserting the claims as counterclaims did  not change the sovereign-immunity analysis. The panel concluded that the Nation did not waive its sovereign immunity because it filed the underlying suit but took no further action that unequivocally waived its immunity to the counterclaims, and the counterclaims did not qualify as claims for recoupment.

Ninth Circuit Affirms Major Crimes Act Manslaughter Conviction

Matthew L.M. Fletcher

Here is the unpublished opinion in United States v. Bearcomesout.

Ninth Circuit Briefs in Frank’s Landing Indian Community v. National Indian Gaming Commission

Matthew L.M. Fletcher

Here:

Opening Brief

nigc brief

reply

Lower court materials here.

Ninth Circuit Revives Some Claims in Tribal Gaming Developers’ Suit against City of Richmond

Matthew L.M. Fletcher

Here is the unpublished opinion in Guidiville Rancheria v. United States.

Ninth Circuit Argument Video in Appeals in Challenge to Ione Band Gaming Related Trust Acquisition

Matthew L.M. Fletcher

Here is the video in No Casino in Plymouth v. Zinke (briefs here).

Here is the video in County of Amador v. Dept. of Interior (briefs here).

Ninth Circuit Affirms Indian Country DV Conviction

Matthew L.M. Fletcher

Here is the opinion in United States v. Seminole.

An excerpt:

We are far from solving the crisis of domestic violence, as “[t]his country witnesses more than a million acts of domestic violence, and hundreds of deaths from domestic violence, each year.” United States v. Castleman, 134 S. Ct. 1405, 1408 (2014). It is a crime that is “notoriously susceptible to intimidation or coercion of the victim to ensure that she does not testify at trial.” Davis v. Washington, 547 U.S. 813, 832–33 (2006). Wyatt’s “spouse as victim” holding dictates that the district court correctly compelled the testimony of Limberhand.