Tenth Circuit – Page 9 – Turtle Talk

Tenth Circuit Holds Pueblo Water Rights NOT Extinguished by Spain

September 29, 2020Matthew 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

September 14, 2020Matthew L.M. Fletcher

Here is the opinion in United States v. Begay.

Briefs:

Federal Answer Brief

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

September 10, 2020Matthew L.M. Fletcher

Here is the unpublished opinion in Hackford v. State of Utah:

Briefs:

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

July 28, 2020July 28, 2020Matthew 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

July 20, 2020July 20, 2020Matthew L.M. Fletcher

Here is the unpublished opinion in Martinez v. United States.

Briefs:

Federal Answer Brief

Federal Supp. Brief re Discretionary Function

Appellant Supp. Brief re Discrectionary Function

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

June 9, 2020Matthew 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.

Tenth Circuit Affirms Conviction for Robbery in Indian Country

April 13, 2020April 13, 2020Matthew L.M. Fletcher

Here is the opinion in United States v. Shirley.

Tenth Circuit Affirms Major Crimes Act Conviction over Challenge to Antelope Decision Inspired by Brackeen DCT Opinion

February 25, 2020Matthew L.M. Fletcher

Here is the opinion in United States v. Jim.

Briefs here.

Tenth Circuit Declines to Award Attorney Fees to Prevailing Osage Trust Claimants

February 14, 2020February 14, 2020Matthew L.M. Fletcher

Here is the opinion in Fletcher v. United States (PDF):

Briefs:

Appellant Brief

Cherokee Nation v. Bernhardt Cert Petition over United Keetoowah Band Trust Land Acquisition [updated with add’l cert stage materials]

January 29, 2020June 3, 2020Matthew L.M. Fletcher

Here is the petition:

cert-petition-1.pdf

Update:

US Brief in Opposition

Reply in Support of Petition

Questions presented:

1. Whether the Secretary of the Interior exceeded his statutory authority by taking land located within the reservation boundaries of one Indian Tribe and placing the land in trust for another Tribe, despite the objections of the first Tribe and in violation of a regulatory prohibition and the United States’ treaty promises to the first Tribe.

2. Whether the Court should hold this petition pending its disposition of Maine Community Health Options v. United States, No. 18-1023 (argued Dec. 10, 2019), because this case raises the same issue concerning implied repeals effected by appropriations laws and the proper standard for determining what law to apply.

Lower court materials here.