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

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

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.

Ninth Circuit Briefs in State of California v. Iipay Nation of Santa Ysabel

Here:

Opening Brief

Answer Brief

Reply Brief

Case materials here.

Oral argument video here.

Ninth Circuit Allows Bishop Paiute Law Enforcement Case to Proceed

Here is the opinion in Bishop Paiute Tribe v. Inyo County.

An excerpt:

The Bishop Paiute Tribe (the “Tribe”) seeks a declaration that they have the right to “investigate violations of tribal, state, and federal law, detain, and transport or deliver a non-Indian violator [encountered on the reservation] to the proper authorities.” Before reaching this issue, the district court dismissed the case on jurisdictional grounds, concluding that the case presents no actual case or controversy. On appeal, we are also asked to assess whether the district court had subject matter jurisdiction over this case. Because questions of federal common law can serve as the basis of federal subject matter jurisdiction pursuant to 28 U.S.C. § 1331, and because this case presents a definite and concrete dispute that is ripe and not moot, we reverse and remand for further proceedings.

Briefs and lower court materials here.

Ninth Circuit Briefs in Citizens for a Better Way v. Zinke

Here:

Opening Brief

Federal Response Brief

Estom Yumeka Maidu Tribe Answer Brief

Reply

Related posts.

Ninth Circuit Briefs in Pakootas v. Teck Caminco Metals

Here:

Teck Caminco Opening Brief

State of Washington Answer Brief

Colville Answer Brief

Reply

Ninth Circuit Briefs in United States v. King Mountain Tobacco Co. (No. 16-35956)

Here:

King Mountain Opening Brief

US Brief

Reply Brief

Ninth Circuit Briefs in Chippewa Cree Tribe of the Rocky Boy Reservation v. Dept. of Interior

Here:

Chippewa Cree Petition for Review

Chippewa Cree Opening Brief

St. Marks Brief

Reply

Oral argument video here.

Prior post here.

Ninth Circuit Briefs in United States v. Cooley

Here:

US Brief

Cooley Brief

Reply

An excerpt:

tribal law enforcement officer conducted a welfare check on Cooley, who had pulled over on a public highway where it crosses the Crow Reservation. It appeared to the officer that he was dealing with a non-Indian person. Soon thereafter, the encounter raised suspicion that Cooley was impaired and trafficking drugs and guns. He was detained and transferred to state custody. The district court suppressed the evidence from the stop based on a new Fourth Amendment test it derived from a tribal roadblock case. The district court held that the detention of Cooley and search of his vehicle violated the Fourth Amendment because, at the time the tribal officer realized Cooley was a non-Indian, it was not obvious that a state or federal crime had occurred. This new obviousness standard, the court held, is “notably higher” than probable cause.

Ninth Circuit Briefs in Gila River Indian Community v. Dept. of Veterans Affairs

Here:

Doc 10 – Opening Brief

Doc 11 – Excerpts of Records

Answer Brief

Reply Brief