Federal Court Allows Tribal Night Deer Hunting in Wisconsin

Here are the materials in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. State of Wisconsin (W.D. Wis.):

404 Tribal Brief

406 Opposition

409 Reply

410 DCT Order

This case is on remand from the CA7, materials here.

News coverage here.

SCOTUS Denies Cert in Wisconsin v. LCO Night Deer Hunting Case

Here is today’s order list.

The petition is here.

Wisconsin Files Cert Petition in Night Deer Hunting Case

Here is the petition in Wisconsin v. Lac Courte Oreilles Band of Lake Superior Chippewa Indians:

Wisconsin Petition for Writ of Certiorari

Question presented:

A moving party under Fed. R. Civ. P. 60(b)(5) must show a significant change in factual  conditions or law that renders continued enforcement of a judgment detrimental to the public interest. The proceeding is not a relitigation of the underlying judgment. Here, the Seventh Circuit shifted the burden to the non-moving party (Wisconsin) to justify an underlying judgment that night hunting of deer was fundamentally unsafe. Does Rule 60(b)(5) permit shifting the burden to the non-moving party to justify the original judgment?

LCO Cert Opp

Seventh Circuit materials here.

Seventh Circuit Reverses and Remands Night Deer Hunting Case

Here is the opinion in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. State of Wisconsin:

LCO Opinion

Briefs here.

Lower court materials here.

Oral Argument Audio and News Coverage of Seventh Circuit Night Deer Hunting Appeal

Here:

http://www.haywardwi.com/news/regional/article_d2a05afa-3f71-11e4-a0cd-9b4c7db942c1.html

http://wxpr.org/post/tribes-wait-decision-night-hunting-appeal

Here’s the oral argument – http://media.ca7.uscourts.gov/sound/external/gw.14-1051.14-1051_09_16_2014.mp3

Briefs are here.

Seventh Circuit Briefs in Lac Courte Oreilles Band v. Wisconsin — Night Deer Hunting Appeal

Here:

Tribal Opening Brief

Wisconsin Brief

Tribal Reply Brief

Lower court materials here.

Opening Seventh Circuit Brief in Wisconsin Night Hunting Case

Here is the opening brief in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. State of Wisconsin:

7th Circuit FINAL Night Hunting Opening Brief

Lower court materials here.

Wisconsin Tribes Lose Effort to Undo Ban on Night Hunting of White Tail Deer

Here are the materials in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. State of Wisconsin (W.D. Wis.):

336 Tribal Trial Brief

337 Wisconsin Trial Brief

373 Tribal Post Trial Brief

375 Wisconsin Post Trial Brief

376 Tribal Reply

377 DCT Order Denying Tribal Motion

Prior order here.

Coverage of Final Day of Wisconsin Chippewa Tribes Night Deer Hunting Trial

Ruling is expected before November.

Wisconsin Public Radio story here.

Minneapolis Star Tribune story here.

Day one coverage is here and day two coverage is here.

Coverage of Day Two of Wisconsin Chippewa Tribes Night Deer Hunting Trial

Wisconsin Public Radio story is here.

Coverage of day one is here.