Federal Court Certifies Class in Osage Headrights Accounting Suit

Here are the new materials in Fletcher v. United States (N.D. Okla.):

1148 Motion to Certify Class

1154 US Response

1196 DCT Order Certifying Class

This case is on remand from the Tenth Circuit; post here.

Ute Tribe Prevails in Tenth Circuit Immunity Decision on Third Party Subpoenas/Collateral Order Doctrine

Here are the materials in Bonnet v. Ute Indian Tribe:

CA10 Opinion

An excerpt:

The issue before us is whether a subpoena duces tecum served on a non-party Tribe and seeking documents relevant to a civil suit in federal court is itself a “suit” against the Tribe triggering tribal sovereign immunity. Exercising jurisdiction under 28 U.S.C. § 1291, pursuant to the collateral order doctrine, we hold the answer is yes. We therefore reverse the district court’s denial of the Tribe’s motion to quash based on tribal immunity.

And the briefs:

Ute Opening Brief

Bonnet Brief

Ute Reply

Lower court materials here.

Tenth Circuit Issues Prison Sweat Lodge Decision; Religious Freedom Upheld

Here are the materials in Yellowbear v. Lampert:

Yellowbear Brief

Yellowbear Supplemental Brief

Wyoming Brief

Yellowbear Reply

CA10 Opinion

An excerpt:

Andrew Yellowbear will probably spend the rest of his life in prison. Time he must serve for murdering his daughter. With that much lying behind and still before him, Mr. Yellowbear has found sustenance in his faith. No one doubts the sincerity of his religious beliefs or that they are the reason he seeks access to his prison’s sweat lodge — a house of prayer and meditation the prison has supplied for those who share his Native American religious tradition. Yet the prison refuses to open the doors of that sweat lodge to Mr. Yellowbear alone, and so we have this litigation. While those convicted of crime in our society lawfully forfeit a great many civil liberties, Congress has (repeatedly) instructed that the sincere exercise of religion should not be among them — at least in the absence of  a compelling reason. In this record we can find no reason like that.

 

Federal Court Rules for State in Challenge to Oklahoma License Plate

Here is the court’s order in Cressman v. Thompson (W.D. Okla.):

117 DCT Order

How Appealing links to news coverage here.

Prior materials in this case are here, here, and here.

 

Federal Court Denies Cross-Motions for Summary Judgment in Dispute over Oklahoma Indian Arrow License Plate

Here are the materials in Cressman v. Thompson (W.D. Okla.):

95 OPC Motion for Summary J

96 OTC Motion for Summary J

98 Cressman Motion for Summary J

111 DCT Order Denying Motions for Summary J

This case is slated for trial (!).

Tenth Circuit materials here. Earlier district court materials here.

Tenth Circuit Reverses Conviction of Navajo Member for Second Degree Murder

Here are the materials in United States v. Toledo:

Toledo Brief in Chief

US Answer Brief

Toledo Reply Brief

CA10 Opinion

An excerpt:

Defendant–Appellant Dhanzasikam R. Toledo appeals from his conviction of voluntary manslaughter. 18 U.S.C. §§ 1112, 1153. Although the district court instructed the jury on second degree murder and voluntary manslaughter, it denied Mr. Toledo’s request for self-defense and involuntary manslaughter instructions. Our jurisdiction arises under 28 U.S.C. § 1291, and we reverse and remand for a new trial.

Tenth Circuit Amicus Briefs in Chickasaw Nation v. NLRB

Here:

Choctaw Nation Amicus Brief

FINAL Indian Law Scholars Amici Chickasaw v NLRB

NCAI Amicus Brief

UMUT et al amici brief Chickasaw v NLRB

Opening Brief here.

Tenth Circuit Affirms Conviction of “Pharmacist” on Ponca Reservation

Here are the materials in United States v. Williams:

CA10 Unpublished Opinion

Williams Opening Brief

US Answer Brief

Williams Reply Brief

From the opinion:

Zachary Carl Williams appeals his conviction for conspiracy to misbrand prescription drugs in violation of 21 U.S.C. §§ 331(a), 331(k), 333(a), and 18 U.S.C. § 371. Williams raises five issues on appeal. In his first two issues he alleges the indictment was constructively amended in violation of his constitutional rights. In his third and fourth issues he alleges the jury was improperly instructed. Finally, Williams argues that he is entitled to tribal sovereign immunity because his pharmacy operation was authorized by a license issued by the Ponca Tribe, a federally recognized tribe. Finding no error, we affirm Williams’ conviction.

Opening Briefs in Chickasaw and Saginaw Chippewa Challenges to NLRB Jurisdiction

Here is the brief in Chickasaw Nation v. NLRB (10th Cir.):

Chickasaw Brief and Addendum FILED

 

And here is the brief in Saginaw Chippewa Indian Tribe v. NLRB (6th Cir.):

Saginaw – NLRB – Brief filed on 12-6-13

Tenth Circuit Materials in Cheyenne and Arapaho Tribes v. First Bank and Trust Co.

Here:

7-12-13 Appellants’ Opening Brief w-Attachments and Index of Appendix (Doc 01019090767 filed 7-12-13)

8-14-13 Answer Brief of Appellees First Bank and Doug Haught (Doc 01019109189)

9-27-13 Notice of Supplemental Authority (Bittle v Bahe) letter to Circuit Clerk

Lower court materials here.