Tag Archives: Younger Abstention

SCOTUS Denies Cert in Oglala Sioux Tribe v. Fleming

Here is today’s order list. Cert petition and lower court materials here.

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

Oglala Sioux Tribe v. Fleming Cert Petition

Here: cert petition Questions presented: 1. Whether the Eighth Circuit erred in holding, in conflict with decisions of this Court and three other courts of appeals, that the possibility of filing a separate mandamus action was in and of itself … Continue reading

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

Eighth Circuit Dismisses Oglala Sioux v. Fleming Under Abstention Doctrine

Here. This is the long running (initiated before Adoptive Couple v. Baby Girl) case that is attempting to address the due process and ICWA violations against Native families in Pennington Co., South Dakota. Brought by Oglala Sioux, Rosebud Sioux and … Continue reading

Posted in Author: Kate E. Fort, ICWA | Tagged , , , , , , , , | 3 Comments

Ninth Circuit Affirms Dismissal of Challenge to State/Tribal Court ICWA Jurisdiction in Alaska

Here is the unpublished opinion in S.P. v. Native Village of Minto. Here are the materials: Parks Appellant Brief Minto Appellee Brief Parks Reply Brief Federal Supplemental Brief Minto Supplemental Brief  

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , , , | 1 Comment

Federal Court Interpretation of 25 U.S.C. 1914 and Ineffective Assistance of Counsel

An effort to  persuade a federal court to review a state court action in an Indian Child Welfare Act case partially succeeds in Kirk v. Baldovinos (N.D. Cal.): Kirk DCT Order Alameda County Motion to Dismiss Kirk Opposition Alameda County … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , , , , | 1 Comment

Second Update on Chehalis Great Wolf Tax Case

The court has ordered Chehalis to show cause as to this question (our earlier post with the briefings on the Tribe’s motion for summary judgment is here): Plaintiffs have alleged a new claim in their complaint that Defendants’ failure to … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, taxation | Tagged , , , , , , | 1 Comment