North Dakota Supreme Court

Kelly v. Kelly — North Dakota Supreme Court on State Court Jurisdiction over Indian/Non-Indian Marriage

Matthew L.M. Fletcher

Here is the opinion in Kelly v. Kelly. An excerpt:

Richard Kelly appealed from a district court judgment granting him a divorce from Karol Kelly but concluding that the district court lacked subject matter jurisdiction over the incidents of the marriage. We reverse and remand, concluding the district court had concurrent subject matter jurisdiction with the tribal court to adjudicate the incidents of the parties’ marriage.

And the materials:

kelly-appellant-brief

kelly-appellee-brief

kelly-reply-brief

North Dakota Supreme Court Upholds Denial of Unemployment Benefits

Matthew L.M. Fletcher

In this case, a teacher who often vented about her personal law suits against Indian tribes was fired and denied benefits. She did other things, too.

Schmidt v. Job Service.

North Dakota Supreme Court Refuses to Apply ICWA

Kate Fort

In this disturbing opinion, the court found that the child was not an Indian child under ICWA, even though both the Oglala Sioux Tribe and the child’s mother demonstrated the child is eligible for membership in the Oglala Sioux Tribe

In re Adoption of C.D.