Coverage from Indianz on this case (here).
Here are the materials:
Tenth Circuit
Native American Distributing v. Seneca-Cayuga Tobacco — Briefs in Tenth Circuit
This is a case involving the sovereign immunity defense of a tribal corporation before the Tenth Circuit. Oral argument was in March before Judges Briscoe, Gorsuch and Parker. Here are the materials (updated Nov. 18, 2008):
Kansas v. Kempthorne & Wyandotte Nation — Revised CA10 Opinion
The Tenth Circuit granted the government’s motion for rehearing and issued a revised opinion.
CA10 Panel Decision (pre-rehearing)
Cert Opposition in MacArthur v. San Juan County
The cert opp in MacArthur v. San Juan County is here — San Juan County Cert Opp
Our previous post with the cert petition is here.
Kiowa Cockfighter Appeal Rejected in CA10
The Tenth Circuit recently rejected a jurisdictional challenge to a cockfighter’s conviction for illegal gambling in federal court for cockfighting. Here are the materials for United States v. Gachot:
Osage Nation v. Oklahoma – CA10
The Osage Nation sued the State of Oklahoma and Oklahoma Tax Commission officials seeking an injunction against the collection of state income taxes against Osage members in Osage Indian Country. The district court denied the state’s Eleventh Amendment motion to dismiss. The CA10 reversed as to the State, but very grudgingly affirmed as to the officials, relying on Ex parte Young.
Eagle Repository Case: United States v. Friday (CA10) — Update!
Oral argument in this very interesting case is set for December 17, 2007 in Denver. The panel consists of Ebel, Kelly, and McConnell.
Our previous post with initial briefs and the lower court opinion is here. Friday retained counsel and that attorney was given leave by the Court to file a supplemental brief (see below the fold).
Navajo Tribal Member Case in Supreme Court — Begay v. United States
Briefs and other materials are below the fold.
From SCOTUSWiki:
[Earlier this year], the Court granted certiorari in two cases that will examine the range of predicate convictions that qualify a person for elevated sentences under the Armed Career Criminal Act of 1984 (the “ACCA”). The ACCA imposes a minimum 15 year sentence, and authorizes a term of life imprisonment, for a person convicted of being a felon in possession of a firearm if that person has been previously convicted on three separate occasions for a “violent felony” or “serious drug offense.” The act defines “violent felony” to include any adult crime punishable by at least one year’s imprisonment that “is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” This last clause is referred to as the “otherwise” or “residual” clause. The ACCA also defines “serious drug offense” to include offenses under state law “involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance . . . for which a maximum term of imprisonment of ten years or more is prescribed by law.”
Cert Petition in MacArthur v. San Juan County
The cert petition in MacArthur v. San Juan County was filed on Nov. 12. You can download the petition here:
Kansas v. Kempthorne Materials
Recently, the Tenth Circuit decided Kansas v. Kempthorne, perhaps the final round of the Wyandotte Nation of Oklahoma’s bid to open a casino in Kansas City. After a decade of litigation, it appears the Nation has prevailed. What was interesting about the final product was that the 10th Circuit held that the State’s arguments were barred by the Quiet Title Act — because the Secretary had taken the land into trust prior to the filing of the State’s lawsuit, the QTA barred the suit.
Here’s the opinion: CA10 Opinion
Here’s the appellant brief (Kansas and three tribes): Appellant’s Opening Brief
Here’s the federal response brief: Federal Appellee Brief
Here’s the reply brief: Appellant’s Reply Brief
Turtle Talk 
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