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

Story is here. The trial is scheduled to last a week.

Previous coverage (and links to other related material) is here.

Seventh Circuit Affirms Conviction for Theft from Sokaogon Ojibwe Tribe

Here is the opinion:

US v McGeshik

An excerpt:

Dori McGeshick, a tribal employee, helped administer a federal grant to build 11 new homes on a Native American reservation. Tasked with acquiring appliances for the new homes, McGeshick took the opportunity to improve her lifestyle, using federal funds to buy $13,000 worth of high‐end appliances for her own home. After a bench trial, the district court convicted her of the offense of theft by an employee of an Indian tribal government, see 18 U.S.C. § 666(a)(1)(A), and sentenced her to 15 months’ imprisonment. On appeal McGeshick argues that the district court clearly erred when it found that she had abused a position of trust. See U.S.S.G. § 3B1.3. Because she was entrusted with considerable discretion and responsibility, we affirm.

Judge Crabb Denies Wisconsin Tribes’ Motion to Allow Night Deer Hunting

Here:

crabborder

Briefs, news coverage, etc. is here, here, here, and here.

Wisconsin Chippewa Tribes Wait to Hear Night Deer Hunting Ruling

Here.

Materials here and here.

Wisconsin Night Deer Hunt Hearing to Continue Thursday

Here.

Briefs:

Wisconsin’s Brief and Motion to Strike

Tribes’ Response Brief

Tribes’ Response to Motion to Strike

Previous material is here.

Wisconsin Night Deer Hunting Hearing Set for December 12

The evidentiary hearing on the Wisconsin Tribes’ preliminary injunction motion is set for 12/12/12. Stories are here and here.

Previous post containing the legal documents is here.

Wisconsin Tribes Seek to Enforce Treaty Rights in Night Deer Hunt

News coverage is here and here.

State Motion to Enforce Prohibition on Shining Deer

State Brief in Support of Motion

State Proposed Order

LDF Motion for Preliminary and Permanent Injunction

LDF Preliminary Injunction Memorandum

Continue reading

Forest County Potawatomi v. Town of Lincoln — Tax Case

The Wisconsin Court of Appeals reversed a trial court grant of summary judgment in favor of the Town of Lincoln in Forest County Potawatomi and Sokoagon Chippewa Community v. Town of Lincon (H/T Indianz). From the opinion:

The Forest County Potawatomi Community and the Sokaogon Chippewa Community (the Tribes) appeal a summary judgment dismissing their claim against the Township of Lincoln (the Town) for excessive tax on two forty-acre parcels in Crandon, Wisconsin. The Tribes challenged the assessed value of the land – land often referred to as the Crandon mine site. The assessment was based on a Department of Revenue analysis of an April 2003 sale of the mining company that owned the land. The circuit court concluded the sale was a recent arm’s-length sale of the property. The court declined to consider other factors the Tribes claimed affected the land’s value.

We conclude the sale of the mining company included not just the two forty-acre parcels but also substantial other land and company assets. The transaction was therefore not a sale of “the property.” We further conclude this is “significant contrary evidence,” which rebuts the presumption in favor of the
Town’s assessment. Accordingly, the circuit court erred by failing to consider the Tribes’ evidence of the land’s value. We reverse and remand for further proceedings.