Ninth Circuit

Ninth Circuit Briefs in Tort Claim against Rocky Boys

Matthew L.M. Fletcher1 Comment

Here are the briefs in Eagleman v. Rocky Boys Chippewa Cree Tribal Business Committee:

eagleman-opening-brief

chippewa-cree-housing-authority-answer-brief

reply-brief

Appellant Supplemental Brief

Appellee Supplemental Brief

Lower court materials here.

Oral argument video here.

Ninth Circuit Briefs in Tulalip School Shooting-Related Conviction

Matthew L.M. Fletcher1 Comment

Here are the materials in United States v. Fryberg:

fryberg-opening-brief

answer-brief

Ninth Circuit Again Rules Against San Pasqual Disenrollees

Matthew L.M. Fletcher1 Comment

Here is the unpublished order in Alto v. Jewell.

Briefs here.

Gila River’s Petition for Rehearing in Lopez v. Alvarez

Sarah M Donnelly

Download (PDF): Respondent’s Petition for Rehearing en Banc

Link: Previous post when 9th Cir. reversed conviction

Ninth Circuit Holds FBI Officer Cannot Authenticate Navajo Membership Document or CDIB

Matthew L.M. Fletcher

Here is the unpublished opinion in United States v. PMB, Juvenile Male.

Oral argument video here.

We posted on this case here and here.

Ninth Circuit Briefs in Battle Mountain Shoshone v. BLM

Matthew L.M. Fletcher1 Comment

Here:

Battle Mountain Opening Brief

Carlin Resources Answer Brief

Federal Answer Brief

Lower court order here.

Ninth Circuit Reverses Tribal Conviction on Failure to Guarantee a Jury Trial

Matthew L.M. Fletcher1 Comment

Here is the opinion in Alvarez v. Lopez.

An excerpt:

We consider whether an Indian tribe violated a criminal defendant’s rights by failing to inform him that he could receive a jury trial only by requesting one.

The answer was yes. One judge dissented.

The same panel had held in 2014 that the petitioner had failed to exhaust tribal remedies. Those materials here.

The panel issued this opinion on rehearing. Here are the rehearing stage materials:

Alvarez Motion for Rehearing

Alvarez Supplemental Brief

CA9 Order for Supplemental Briefs

GRIC Opposition

GRIC Supplemental Brief

NACDL Amicus Brief

Ninth Circuit Dismisses Challenge to Native Hawaiian Governmental Elections as Moot

Matthew L.M. Fletcher

Here is the opinion in Akina v. State of Hawai’i.

An excerpt:

These appeals concern recent efforts by a group of Native Hawaiians to establish their own government. The plaintiffs are Hawaii residents who challenge that process. They appeal the district court’s order denying their request for a preliminary injunction to stop activities related to the drafting and ratification of self-governance documents. Separately, another group of Hawaii residents appeals the district court’s denial of their motion to intervene in the plaintiffs’ lawsuit. For the reasons that follow, we dismiss the plaintiffs’ appeal of the preliminary injunction order as moot, and we affirm the district court’s denial of the motion to intervene.

Briefs here.

Ninth Circuit Briefs in U.S. v. Washington Ocean Fishing Appeal

Matthew L.M. Fletcher

Here are the materials in United States v. Washington (subproceeding 09-01):

Makah Opening Brief

Four Tribes Brief

Hoh Tribe Brief

Six Tribes Brief

Washington Brief

Lower court decision here. Lower court materials here.

Jamul Action Committee’s Challenge Dismissed

Matthew L.M. Fletcher1 Comment

Here are the materials in Jamul Action Committee v. Chaudhuri (E.D. Cal.):

123 Tribe Motion to Dismiss

127-1 Federal Motion to Dismiss

133-1 JAC Motion for Summary J

143 JAC Response to 123

144 JAC Response to 127

145 Tribe Reply

146 Federal Reply

151 DCT Order

This case is on remand from the Ninth Circuit; those materials here.