Tag Archives: tribal court exhaustion doctrine

Kurowski v. Kurowski Cert Petition

Here: Cert Petition Appendix Questions presented: Upon tribal court exhaustion must District Courts perform a threshold inquiry to protect the Indian Petitioners’ federal 25 U.S.C. § 1302 rights?

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, tribal courts | Tagged , , , , ,

Eighth Circuit Decides Kodiak Oil & Gas (USA) Inc. v. Burr]

Here. Excerpt: A dispute over the practice of flaring natural gas from oil wells fuels the legal controversy in this case: the scope of Native American tribal court authority over  nonmembers. Several members of the MHA Nation sued numerous non-tribal oil … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, tribal courts | Tagged , , , , , , ,

Knighton v. Cedarville Rancheria Cert Petition

Here: cert-petition.pdf Questions presented: “[T]he inherent sovereign powers of an Indian tribe do not extend to the activities of nonmembers of the tribe.” Montana v. United States, 450 U.S. 544, 565 (1981). The Montana Court recognized two limited narrow exceptions … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, tribal courts | Tagged , , , , , ,

Muscogee Freedmen Descendants Forced to Exhaust Tribal Remedies

Here is the order in Muscogee Creek Indian Freedmen Band v. Bernhardt (D.D.C.): 29 DCT Order Briefs here.

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts, tribal membership | Tagged , , , ,

Ninth Circuit Panel Grants Rehearing in Knighton v. Cedarville Rancheria

Maybe this is nothing, but this is a little bit WEIRD . . . in that the Ninth Circuit’s opinions webpage links to an order granting rehearing (here) but there was no response brief docketed AND there is nothing on … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , ,

Federal Court Excuses Insurance Company from Tribal Court Jurisdiction

Here are the materials in Employers Mutual Casualty Company v. Branch (D. Ariz.): 1 Complaint 1-2 Coconino County Court Materials 15 EMCC MSJ 22 Navajo MSJ 25 EMCC Reply 28 Navajo Reply 32 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , ,

Materials in Pacheco v. Geisen [Kewa Pueblo; ICRA Habeas]

Here are the materials in Pacheco v. Geisen (D.N.M.): 1 Habeas Petition 15 Amended Petition 20 answer 22 Petitioner’s Response 25 Reply 28 Petitioner’s Surreply 30 Magistrate Order on 20 31 Order to Show Cause 34 Petitioner’s Response to 31 … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , ,

Grocery Store Prevails in Defense of Tort Suit Arising on Navajo Lands

Here are the materials in Morris v. Giant Four Corners Inc. (D.N.M.): 1 Notice of Removal 1-1 State Court Compleint 38 Giant Motion to Dismiss or Stay Pending Exhaustion 41 Response 44 Reply in Support of 38 64 DCT Order … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , ,

Ninth Circuit Decision in Knighton v. Cedarville Rancheria

Here is the opinion in Knighton v. Cedarville Rancheria of Northern Paiute Indians. Briefs here.

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , ,

Wilson v. Horton’s Towing Cert Petition [Montana; Exhaustion; Civil Forfeiture]

Here: Cert Petition Questions presented: 1. Does an Indian Tribe have authority under the second exception of Montana v. United States, 450 U.S. 544 (1981), to forfeit automobiles owned by non Native Americans for violation of tribal drug laws while on tribal … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, Tribal Codes, tribal courts | Tagged , , , , , , , , ,