Tenth Circuit

Tenth Circuit Denies En Banc Petition in Pueblo Water Rights Matter

Matthew L.M. Fletcher

Here are the en banc stage materials in United States v. Abouselman:

En Banc Petition

US Response

Order Denying Petition for Rehearing

Panel materials here.

Tenth Circuit Confirms Sentence on Cherokee Nation Citizen’s Conviction for Child Neglect

Matthew L.M. Fletcher

Here is the opinion in United States v. Clark.

Tenth Circuit Holds Tribal Corp. is “Indian Tribe” for Purposes of Title VII

Matthew L.M. Fletcher

Here is the unpublished opinion in Jim v. Shiprock Associated Schools Inc.

Briefs here.

Tenth Circuit Confirms Criminal Convictions in Courts of Indian Offenses are Not Federal Convictions for Double Jeopardy Purposes

Matthew L.M. Fletcher

Here are the materials in United States v. Denezpi:

CA10 Opinion

Denezpi Opening Brief

US Answer Brief

Reply Brief

DCT Order Denying Motion to Dismiss

Tenth Circuit Holds Pueblo Water Rights NOT Extinguished by Spain

Matthew L.M. Fletcher

Here is the opinion in United States v. Abouselman.

Briefs and lower court materials here.

Navajo Man Loses Federal Criminal Sentencing Disparity Claim in Tenth Circuit

Matthew L.M. Fletcher

Here is the opinion in United States v. Begay.

Briefs:

Opening Brief

Federal Answer Brief

Reply

Tenth Circuit Decides Hackford v. State of Utah [nonmember Indian traffic ticket]

Matthew L.M. Fletcher

Here is the unpublished opinion in Hackford v. State of Utah:

Opinion

Briefs:

Hackford Brief

State Brief

Uintah Brief

This Hackford has been before the Tenth Circuit several times before, here, here, and here.

Split Tenth Circuit Affirms Denial of Qualified Immunity to Okfuskee County Deputy Who Shot and Killed Unarmed Man in Case of Mistaken Identity within Creek Reservation Boundaries

Matthew L.M. Fletcher

Here is the opinion in Reavis v. Frost.

News coverage here.

Tenth Circuit Holds Feds Prevailed in FTCA Matter Involving S. Ute Police Action

Matthew L.M. Fletcher

Here is the unpublished opinion in Martinez v. United States.

Briefs:

Federal Answer Brief

Federal Supp. Brief re Discretionary Function

Opening Brief

Appellant Supp. Brief re Discrectionary Function

Reply

Tenth Circuit Briefs in Chegup v. Ute Indian Tribe of the Uintah and Ouray Reservation [banishment]

Matthew L.M. Fletcher

Here:

3-24-20 Appellants’ Opening Brief

5-22-20 Appellees’ Brief

6-5-20 Appellants’ Reply Brief

Lower court materials here.