North Carolina Court of Appeals

Opening Brief in N. Carolina/Eastern Band Cherokee Indian Country Criminal Jurisdiction Case

Matthew L.M. Fletcher

Here is the brief in State v. Kostick (N.C. App.):

Kostick Opening Brief

UPDATED: State Brief

North Carolina COA Decides ICWA Notice Case

Matthew L.M. Fletcher

Here is the opinion in In re A.R.:

NC App Opinion

N.C. SCT Opposition Brief in Eastern Band Cherokee Tribal Court Jurisdiction Case

Matthew L.M. Fletcher

Here:

Response to Petition

The petition is here.

Lower court materials here. An earlier incarnation of the case, here.

Petition for Review Filed with N.Carolina SCT in Cherokee Tribal Court Jurisdiction Matter

Matthew L.M. Fletcher1 Comment

Here is the petition in Carden v. Owle Construction, LLC:

Petition for Discretionary Review

Lower court materials here. An earlier incarnation of the case, here.

N.C. Appellate Court Affirms Dismissal of Tort Suit against EBCI

Matthew L.M. Fletcher2 Comments

We previously posted an earlier appeal of this case to the state appellate system here. The Eastern Band tribal court had jurisdiction all along.

Here are the materials in Cardeon v. Owle Constr. II:

Appellant Brief

Appellee Brief

Reply Brief

NC App Unpublished Decision

N.C. COA Decides Case Involving Membership in State Commission on Indian Affairs

Matthew L.M. Fletcher

Here are the materials in Meherrin Tribe of N. Carolina v. N. Carolina State Commission on Indian Affairs (N.C. App.):

NC COA Opinion in Meherrin

NC Commission Appellate Brief

Meherrin Tribe Brief

North Carolina Appellate Court Rejects Separation of Powers Challenge to Governor’s Authority to Negotiate Indian Gaming Compacts

Matthew L.M. Fletcher

Here are the materials in McCracken & Amick v. Perdue (N.C. App.):

NC App Opinion

McCracken and Amick Brief

Perdue Brief

Record on Appeal

Previous case involving same parties is posted here.

N.C. Appellate Court Affirms Transfer of Civil Claims against Tribal Casino to Tribal Court

Matthew L.M. Fletcher3 Comments

Here are the materials in Carden v. Owle Construction:

NC App Opinion

Carden Appellant Brief

Owle Construction Appellee Brief

Carden Supplemental Memorandum

Lower Court Record

N. Carolina Appellate Court Upholds Poker Ban, Eastern Band Cherokee Gaming Compact

Matthew L.M. Fletcher2 Comments

Here is the opinion in McCracken and Amick v. Perdue. News coverage here, via Pechanga.

An excerpt:

The State appeals from the trial court’s order entering judgment in favor of plaintiffs McCracken and Amick, Incorporated,doing business as The New Vemco Music Co., and its principal owner, Ralph Amick, on their claim that the State is not permitted under federal Indian gaming law to grant the Eastern Band of Cherokee Indians of North Carolina (“the Tribe”) exclusive rights to conduct certain gaming on tribal land while prohibiting it throughout the rest of the State. We conclude, however, that state law providing the Tribe with exclusive gaming rights does not violate federal Indian gaming law. Consequently, we reverse the trial court’s order.
The state’s briefs are here (as well as the trial court opinion). Other briefs:

Materials in North Carolina Gaming Case

Matthew L.M. Fletcher6 Comments

Here are the State’s briefs at least in McCracken and Amick, Inc. v. Perdue, the appeal of a trial judge’s decision in North Carolina finding it unconstitutional under state law for the State to enter into gaming compacts with tribes but not with other citizens of the State. The lower court opinion is here.

North Carolina Brief

North Carolina Reply Brief