Ninth Circuit

Ninth Circuit Affirms Juvenile Conviction under Major Crimes Act

Matthew L.M. Fletcher

Here is the opinion in United States v. H.B.

An excerpt:

H.B. appeals his adjudication as a juvenile delinquent for aiding and abetting his cousin, W.B., in committing aggravated sexual abuse against their female friend, T.T.W., on an Indian reservation.1 18 U.S.C. §§ 5031 et seq.; 18 U.S.C. § 1153(a); 18 U.S.C. § 2. On appeal, H.B. claims that there was insufficient evidence to support his adjudication. In addition, H.B. contends that the district court imposed an unreasonable sentence by ordering him to spend 18 months at a juvenile correctional detention facility followed by 12 months of juvenile delinquent supervision. We disagree, and affirm the adjudication and sentence.

Ninth Circuit Affirms Fed. Court Jurisdiction over ANCSA Claims

Matthew L.M. Fletcher

Here are the materials in Cook Inlet Region, Inc. v. Rude:

Rude & Rudolph Opening Brief

Cook Inlet Region Answer Brief

Rude & Rudolph Reply Brief

CA9 opinion

Lower court materials:

DCT Order Granting Partial Summary J

Cook Inlet Complaint

Ninth Circuit Affirms Dismissal of Native Village of Kivalina’s Challenge to Red Dog Mine

Matthew L.M. Fletcher

Here is the opinion.

An excerpt:

Petitioners Native Village of Kivalina IRA Council, Native Village of Point Hope IRA Council, Alaska Community Action on Toxics, and Northern Alaska Environmental Center (collectively, Kivalina) appeal the United States Environmental Protection Agency Environmental Appeals Board’s (the EAB) order denying review of their challenges to a permit authorizing Intervenor Teck Alaska, Inc. (Teck) to discharge wastewater caused by the operation of the Red Dog Mine. The EAB concluded that Kivalina had not satisfied the procedural requirements to obtain review under 40 C.F.R. § 124.19(a) because it did not demonstrate why the United States Environmental Protection Agency’s (the EPA) responses to comments were clearly erroneous or otherwise warranted review. We agree that Kivalina did not meet the requirements of § 124.19, and we deny Kivalina’s petition for review.

Here are the briefs:

Kivalina Opening Brief

EPA Brief

Intevenor Brief

Sharply Split Ninth Circuit En Banc Panel Finds Insufficient Evidence of Aboriginal Subsistence Fishing Rights

Matthew L.M. Fletcher1 Comment

Here is today’s opinion.

Briefs and oral argument materials are here.

Ninth Circuit Panel Agrees to Re-Hear Rincon Mushroom Tribal Court Exhaustion Case

Matthew L.M. Fletcher

Here is that order, along with the unpublished opinion ordering a stay of the trial court case.

The petition stage materials:

Mazetti En Banc Petition

Santa Ynez et al Amicus Brief in Support of Petition

Pala Band et al Amicus Brief in Support of Petition

Rincon Mushroom Opposition

Mazzetti Request to Take Judicial Notice

Rincon Mushroom Opposition to Judicial Notice Request

Panel materials are here.

Trial court materials are here.

Amicus Brief Supporting En Banc Petition in Save the Peaks Case

Matthew L.M. Fletcher1 Comment

Here:

AMICUS BRIEF SUPPORTING SHANKER

The petition is here (or will be). The panel opinion is here.

Save the Peaks Coalition Petition for En Banc Hearing

Matthew L.M. Fletcher1 Comment

Here:

Plaintiffs Petition for Rehearing en Banc (7.05.12)

Ninth Circuit Briefs in ICWA Case Involving Washoe Tribe

Matthew L.M. Fletcher1 Comment

Here are the briefs so far in Fred v. Washoe Tribe of Nevada & California:

Washoe Opening Brief

Fred Answer Brief

Lower court materials are here.

Ninth Circuit Affirms Major Crimes Act Murder Conviction

Matthew L.M. Fletcher

Here is the opinion in United States v. Seideman.

Eighth and Ninth Circuits Affirm Indian Country D.V. Sentences

Matthew L.M. Fletcher

Here is Wednesday’s opinion in United States v. White Twin (CA8):

Opinion

And here is Wednesday’s opinion in United States v. Two Moons (CA9):

Opinion