Ninth Circuit – Page 64

Ninth Circuit Dismisses Wandering Medicine Voting Rights Appeal as Moot

October 30, 2013Matthew L.M. Fletcher

Here is the unpublished order:

An excerpt:

Because we conclude that the scope of the preliminary injunction only included the 2012 election, this court can no longer provide plaintiffs with the relief requested—requiring defendants to open satellite offices in time for that election. Although plaintiffs’ complaint requested “preliminary and permanent injunctive relief . . . for the 2012 primary election and . . . for all future elections,” plaintiffs’ motion for a preliminary injunction included no such language, and the evidence presented to the district court focused almost exclusively on the 2012 election. As that election has passed, there is no longer any relief that this court can provide with respect to that election.

Briefs and other materials here.

Ninth Circuit Vacates 18 Month Sentence for Defrauding Fort Peck

October 17, 2013Matthew L.M. Fletcher

Here are the materials in United States v. Greybull:

CA9 Unpublished Opinion

Greybull Opening Brief

US Answer Brief

State of Washington’s Opening Brief in Ninth Circuit Appeal of Culverts Decision

October 15, 2013November 8, 2013Matthew L.M. Fletcher1 Comment

Here:

State’s Opening Brief

Update: Oregon Amicus

Lower court materials are here.

Ninth Circuit Materials in Wandering Medicine v. McCulloch — Voting Rights Case

October 11, 2013October 11, 2013Matthew L.M. Fletcher1 Comment

Here are the briefs:

Wandering Medicine Opening Brief

NCAI Amicus Brief

US Amicus Brief

County Appellees’ Brief

Wandering Medicine Reply

Oral argument audio here.

Materials on the appellees’ motion to dismiss here.

Lower court materials here and here.

Ninth Circuit Denies En Banc Review in Chehalis Great Wolf Lodge Tax Case

September 25, 2013Matthew L.M. Fletcher

Here:

CA9 Order Denying En Banc Review

The petition is here.

Panel materials are here.

Ninth Circuit Issues Amended Opinion in Zepeda — Same Outcome, Different Reasoning

September 19, 2013Matthew L.M. Fletcher6 Comments

Here are the new materials:

CA9 Amended Opinion

US En Banc Petition

Zepeda Response to En Banc Petition

From Judge Watford’s now-much-shortened dissent:

I agree with much of the majority’s analysis, particularly its conclusion that whether a tribe has been recognized by the federal government is a question of law. But I disagree with the majority’s ultimate determination that the government failed to present sufficient evidence from which a rational jury could infer that Zepeda has a blood connection to a federally recognized tribe. Under Jackson v. Virginia, 443 U.S. 307, 319 (1979), a rational jury could certainly infer that the reference in Zepeda’s tribal enrollment certificate to “1/4 Tohono O’Odham” is a reference to the federally recognized Tohono O’odham Nation of Arizona.

Panel materials are here.

Materials on affected appeals are here.