United States v. Washington

State v. Joseph: Washington Cannot Prosecute Tribal Members for Illegally Harvesting Geoducks

Matthew L.M. Fletcher

Here is the opinion from King County District Court:

Joseph crim decision 4.4.11

Thanks to M.T. for sending this along.

Ninth Circuit Dismisses Appeal of U.S. v. Washington Subproceeding (Lower Elwah v. Lummi)

Matthew L.M. Fletcher1 Comment

Here is the unpublished opinion. The underlying dispute apparently is the usual and accustomed fishing area of the Lummi Indian Tribe.

Here are the materials:

Lummi Motion to Dismiss Appeal

Klallam Tribes Opposition

Lummi Reply

Klallam Tribes Opening Brief

Tulalip Answering Brief

Lummi Answering Brief

Klallam Tribes Reply Brief

Suquamish Reply Brief in Support of Its Cert Petition

Matthew L.M. Fletcher

Here: Suquamish Reply in Support of Cert Petition

Cert Opposition in Suquamish v. Upper Skagit et al.

Matthew L.M. Fletcher

Here: Cert Opp in Suquamish v Upper Skagit et al

Cert petition is here.

Blumm and Steadman on the United States v. Washington Culverts Case

Matthew L.M. Fletcher

Published in the UNM Natural Resources Journal….

Indian Treaty Fishing Rights and Habitat Protection: The Martinez Decision Supplies a Resounding Judicial Reaffirmation
Michael C. Blumm & Jane G. Steadman

Suquamish Tribe Files Cert Petition in U.S. v. Washington Dispute

Matthew L.M. Fletcher1 Comment

Here is the petition in Suquamish Tribe v. Upper Skagit Tribe: Suquamish Cert Petition.

Here is the question presented:

Whether a court implementing an unambiguous court order is bound to apply that order according to its plain terms, or whether the court should instead determine whether the judge who initially issued the order “intended something other than its apparent meaning,” as the Ninth Circuit held in this case.

Lower court materials here.

Evans v. Salazar — CA9 Denies Snohomish Intervention in Samish Case

Matthew L.M. Fletcher1 Comment

Here is yesterday’s opinion in Evans v. Salazar.

Final En Banc Opinion in Samish Effort to Reopen U.S. v. Washington

Matthew L.M. Fletcher

Here.

Ninth Circuit Panel Issues New Opinion in Upper Skagit v. Washington

Matthew L.M. Fletcher1 Comment

Here is the new opinion, granting rehearing and denying the en  banc motion as moot.

The earlier opinion and materials are here.

Washington Court Reverses Conviction of Non-Indian Who Fished Under Tribal Law

Matthew L.M. Fletcher

Interesting case. Here is the opinion in State of Washington v. Guidry, a split court (2-1). Here are links to the briefs:

An excerpt:

Larry Guidry appeals his convictions for first degree fish dealing without a license, first degree fish trafficking without a license, four counts of participation of a non-Indian in an Indian fishery for commercial purposes, and four counts of first degree commercial fishing without a license. He argues that the trial court should have dismissed the charges against him because he lawfully fished under the Nisqually Tribal Code. He also argues that insufficient evidence supports his convictions for fish dealing and fish trafficking and that the trial court erred in imposing restitution. We reverse his convictions, vacate the restitution order, and remand.