We’ll do two today, since these states have fewer cases. Wyoming is another state with no intermediate appellate court. Utah will be our first with an intermediate appellate court.
First, in Wyoming, tribal interests have a 20 percent win rate.
Second, in Utah, tribal interests have a 43 percent win rate.
Here are the Wyoming cases:
Here is the opinion in DFI Properties v. GR 2 Enterprises (link) (DFIProp110210).
An excerpt:
On the morning of the scheduled conference, Mr. Granados, acting without counsel, filed three documents with the district court. These documents, an “Order for Hearing to Show Cause,” an “Order to Stay Proceedings,” and a “Petition for Hearing to Show Cause, Stay of Proceedings, and for Declaratory Relief,” were signed by Judge Clayton of the “First Federal District Court, Western Region.” This court is neither a state court nor a federal court. Rather, it is a tribal court of the NATO Indian Nation. The documents asserted that Mr. Granados was a member of the tribe and that, pursuant to certain aspects of federal law, tribal courts have exclusive jurisdiction over matters involving tribe members. Based on this purported exclusive jurisdiction, the documents ordered the district court to stay the proceedings pending resolution of the matter in tribal court.
Mr. Granados received Rule 11 sanctions.
Here is the Utah Supreme Court’s opinion in the Adoption of A.B. and D.T.
An excerpt:
In this case, the Nation’s original notice of appeal was defective. Even though it was filed within fifteen days of the adoption order and signed by the Nation’s counsel, the notice of appeal did not contain the Nation’s signature. And the Nation did not acquire the additional fifteen days to correct the deficiency because the Nation’s counsel did not file a certification of diligent search.
emphasis added
Turtle Talk 