Washington State v. Cayenne — Wash. SCT Rules Against Treaty Fishing Rights of Convict

We’ve previously noted this case during the petitioning phase (here are the briefs favoring and opposing review by the Washington Supreme Court). The Washington Supreme Court now has reversed the lower court’s decision to recognize the treaty right of Indians convicted under state law to continue to exercise those treaty rights even after the conviction. Here are the materials:

Washington Supreme Court Materials

washington-ag-amicus-brief

state-supplemental-brief

cayenne-supplemental-brief

state-v-cayenne-wash-sct-opinion

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Foxworthy Case in WA COA — Dram Shop Actions and Tribal Immunity — Wash SCt Petition

The Plaintiff has petitioned the State Supreme Court for review.

I don’t have a copy of the Plaintiff’s new petition (assuming there is one), but the petition she filed in October of 2006 is posted in the first message in this thread. The Tribe’s Answer to the Petition for Review (filed in mid-December) is available here.

Our previous posts with lower court materials are here and here.