10th Circuit Briefs in N.M. Condemnation Appeal

Here are the briefs in the matter of Public Service Company of NM v. Barboan, et al, 16-cv-02050:

Appellant’s Opening Brief

Brief of Intervenor-Appellant Transwestern Pipeline Company, LLC

Response Brief of Appellee Navajo Nation

Response Brief of the United States

Defendants-Appellees Individual Allottees’ Response Brief

Amicus Curiae Brief of GPA Midstream Association in support of Public Service Company of New Mexico and Reversal of the District Court

Brief of Amici Curiae the National Congress of American Indians, Pueblo of Laguna, the Ute Mountain Ute Tribe, and the Confederated Tribes of the Umatilla Indian Reservation in Support of Defendants and Affirmance of the District Court

Link to previous posts: Public Service Co. of New Mexico v. Approximately 15.49 Acres of Land in McKinley County

Tenth Circuit Reverses Indian Country Criminal Conviction

Here is the opinion in United States v. Wolfname.

Tenth Circuit Briefs in State of Kansas v. NIGC (Quapaw Tribe)

Here:

STATE AND COUNTY OPENING BRIEF

QUAPAW BRIEF

NIGC Brief

Lower court materials here.

Tenth Circuit Rules in Favor of Ute Tribe (again) in Reservation Boundaries Dispute

Here is the opinion in Ute Indian Tribe of the Uintah and Ouray Reservation v. Myton.

An excerpt:

We’re beginning to think we have an inkling of Sisyphus’s fate. Courts of law exist to resolve disputes so that both sides might move on with their lives. Yet here we are, forty years in, issuing our seventh opinion in the Ute line and still addressing the same arguments we have addressed so many times before. Thirty years ago, this court decided all boundary disputes between the Ute Indian Tribe, the State of Utah, and its subdivisions. The only thing that remained was for the district court to memorialize that mandate in a permanent injunction. Twenty years ago, we modified our mandate in one respect, but stressed that in all others our decision of a decade earlier remained in place. Once more, we expected this boundary dispute to march expeditiously to its end. Yet just last year the State of Utah and several of its counties sought to relitigate those same boundaries. And now one of its cities tries to do the same thing today. Over the last forty years the questions haven’t changed — and neither have our answers. We just keep rolling the rock.

Briefs:

Myton City Brief

Myton City Reply to US

US Amicus Brief

Utah Amicus Brief

Ute Opening Brief

Ute Reply Brief

Tenth Circuit Affirms Major Crimes Act Conviction arising at Navajo (Church Rock)

Here is the opinion in United States v. Singer.

Tenth Circuit Orders Tribal Exhaustion in Sac and Fox Suit against Financial Planners

Here are the materials in United Planners Financial Services of America LP v. Sac and Fox Nation:

CA10 Opinion

United Planners Opening Brief

Sac and Fox Brief

Tribal Court Brief

Reply

Lower court materials here.

 

Tenth Circuit Rejects Individual Water Rights in Nambé-Pojoaque-Tesuque Basin General Stream Adjudication

Here are the materials in State of New Mexico v. United States:

CA10 Opinion

Briefs:

Joint Pueblo Brief

New Mexico Brief

New Mexico Jurisdiction Brief

Trujillo Brief

Trujillo Jurisdiction Brief

Trujillo Response to Pueblo Brief

Tenth Circuit Briefs in Pueblo of Pojoaque v. State of New Mexico

Here:

New Mexico Appellant Brief

Pojoaque Brief

Other briefs TK.

Lower court materials here.

Tenth Circuit Rejects Challenge to Ute Partition Act Implementation

Here is the opinion in Hackford v. State of Utah.

Brief: Hackford Brief

The Tenth Circuit rejected a similar claim years ago by the same petitioner.

Tenth Circuit Affirms Rejection of Civil Rights Suit for Killing of Ute Tribal Member Allegedly by Police

Here is the opinion in Jones v. Norton