jump to navigation

5/29 Conference Update: Kickapoo Traditional Tribe of Texas v. Texas May 29, 2008

Posted by rezjudicata in SCOTUS.
add a comment

The Supreme Court is set to consider cert in Kickapoo Traditional Tribe of Texas v. Texas on May 29, 2008. Here are the basics:

In the wake of Seminole Tribe, the Secretary of the Interior adopted a set of regulations that allowed tribes to pursue Class III gaming even if an intransigent State refused to negotiate a pact under the IGRA. The Kickapoo Traditional Tribe sought Class III gaming, but Texas categorically declined to negotiate a pact knowing full well that, under Seminole, the Tribe could never call Texas to account in federal court. So the Tribe pursued Class III gaming through the Secretary’s regulations. Texas then challenged the validity of the regulations.

(more…)

Western Shoshone Nat’l Council v. United States — Federal Circuit Court of Appeals May 27, 2008

Posted by rezjudicata in Federal Circuit, Federal Circuits.
add a comment

Federal Circuit refuses to vacate 24 year-old ICC judgment

Western Shoshone National Council v. United States, 2007-5020 (Fed. Cir. May 22, 2008)

Issue(s): Indian Claims Commission > Final Judgments >> Relief; Treaty Title > Intent to Convey

After Congress created the Indian Claims Commission, several Shoshone tribes filed claims alleging that the U.S. government took over 80 million acres of land. During the decades-long legal battle, the Te-Moak Band and the government agreed that historical events extinguished aboriginal title. In 1974, the Western Shoshone National Council attempted to intervene, alleging that the Te-Moak Band and United States had colluded to treat title as extinguished. Later, the Te-Moak Band itself attempted to reverse course and say that it still held title to the land. The Commission nixed both efforts and entered final judgment in 1979. Twenty-four years later, the Council and several Shoshone tribes sought a declaratory judgment that the judgment was void.

(more…)

Dawes v. Eriacho – Navajo Supreme Court May 16, 2008

Posted by rezjudicata in Navajo Supreme Court, Tribal Courts.
add a comment

“You don’t have to write what you say, but you have to say something”—Navajo Supreme Court clarifies Navajo Code of Criminal Procedure Rule 15(d).

Dawes v. Eriacho, No SC-CV-09-08 (Nav. Sup. Ct. May 5, 2008)

Issue(s): Criminal Procedure > Pretrial Detention >> Bail or Bond >>> Requirements

Navajo Code of Criminal Procedure Rule 15(d) requires judges state the reasons for denying bail “for the record.” At Dawes’ initial appearance, the district court allegedly denied bail because Dawes lived in Albuquerque and therefore was a flight risk. From detention, Dawes filed a written request for release, but the district court did not respond. Did the district court violate Rule 15(d)?

(more…)

5/12 Conference Update May 13, 2008

Posted by rezjudicata in SCOTUS.
add a comment

The United States Supreme Court has denied cert in Carls v. Blue Lake Housing Authority.

10th Circuit Reinstates Prosecution in Eagle Killing Case May 11, 2008

Posted by rezjudicata in 10th Circuit, Federal Circuits.
add a comment

United States v. Friday, No. 06-8093 (10th Cir. May 8, 2008)

Issue(s): Religious Freedom Restoration Act > Substantial Burdens >> Compelling Interests; Bald and Golden Eagle Protection Act > Permit System >> Least Restrictive Means

The Bald & Golden Eagle Protection Act criminalizes taking eagles without a permit. Through an obscure procedure, members of federally recognized tribes can apply for a permit to take an eagle for religious purposes. Friday, a Sun Dance sponsor, shot a bald eagle for the ceremony without obtaining a permit. So the government prosecuted him. But does the Eagle Act unlawfully burden Friday’s free exercise under the Religious Freedom Restoration Act?

(more…)