Reason to Know Decision from NC Supreme Court [ICWA]

Opinion by Justice Beasley, putting the burden on the court to ensure inquiry and notice are done properly:

Here, the record shows that the trial court had reason to know that an Indian child might be involved. In eight separate filings, DSS indicated in its court reports that respondent-father indicated that he had Cherokee Indian heritage. Respondent-father also raised his Indian heritage during a Child and Family Team Meeting, and his comments were included in a report filed by DSS with the trial court. Although the trial court had reason to know that an Indian child might be involved in these proceedings, the trial court failed to readdress its initial finding that the Act did not apply and failed to ensure that any Cherokee tribes were actually notified.

Nobles v. North Carolina Cert Petition

Here:

Appendix

Cert Petition

Questions presented:

The Major Crimes Act, 18 U.S.C. § 1153, grants the federal courts exclusive jurisdiction over listed offenses committed by an “Indian.”

The Questions Presented are:
I. How does one determine whether a defendant is an Indian?

II. Is Indian status a jury question?

Lower court materials here.

North Carolina SCT Decides Indian Status in Criminal Jurisdiction Case

Here are the materials in State v. Nobles:

opinion.pdf

appellant-brief.pdf

appellee-brief.pdf

reply.pdf

Lower court materials here.

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

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

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.

North Carolina Supreme Court to Hear Challenge to Eastern Band Cherokee Gaming Compact

The case is McCracken and Amick Inc v. Perdue. Appellate court materials are here. The original trial court order is here.

Here are the briefs so far:

McCracken and Amick Petition for Discretionary Review

McCracken and Amick Brief

North Carolina Brief

M&A Reply coming soon!