 |
Indian Law Bulletins
|
State Courts
|
Archives 2005 Clement v. Four Winds Tribe-Louisiana Subjects: Contested elections -- Four Winds Tribe - Louisiana Cherokee Confederacy, Inc.; Tribal government -- Four Winds Tribe - Louisiana Cherokee Confederacy, Inc. *Synopsis: Members of Indian tribe brought quo warranto action against persons purporting to be tribe's governing body. After a bench trial, the District Court removed such persons from office, appointed an interim board of directors, and ordered a new election. After election was held, same tribe members filed declaratory judgment action seeking to have the election results declared null and void due to irregularities in the process. After a bench trial, the Thirtieth Judicial District Court, Vernon Parish, No. 67,931, John C. Ford, J., upheld the election. Tribe members appealed both trial court judgments. *Holding: The Court of Appeal, Decuir, J., held that: In re the Interest of A.B. and M.B. Subjects: Parent and child (Law); Trials (Custody of children) -- North Dakota; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Intervention (Civil procedure) -- White Earth Band of Chippewa (Minn.). *Synopsis: In child deprivation case, the Juvenile Court, Cass County, East Central Judicial District, Wade L. Webb, J., entered order granting Indian tribe's motion to intervene. County social worker appealed. *Holding: The Supreme Court, Kapsner, J., held that order granting motion to intervene was not final, appealable order. Smith
v. Hall Subjects: Parent and child (Law); Indian children -- Legal status, laws, etc.; Child support -- North Dakota; Judicial opinions -- Recording and registration -- Standing Rock Sioux Tribe of North & South Dakota. *Synopsis: Adjudicated father of child born out-of-wedlock filed motion to vacate the registration of a tribal court order requiring him to pay $250 per month in child support for enforcement in the District Court. The District Court, Burleigh County, South Central Judicial District, Bruce A. Romanick, J., denied motion. Adjudicated father appealed. *Holding: The Supreme Court, Carol Ronning
Kapsner, J., held that adjudicated father's failure to object in
district court to registration in district court of tribal court
order precluded him from contesting registration of tribal court
order on appeal. In
the Interest of A.B. and M.B. Children Subjects: Parent and child (Law); Trials (Custody of children) -- North Dakota; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Intervention (Civil procedure) -- White Earth Band of Chippewa (Minn.). *Synopsis: In child deprivation case, the Juvenile Court, Cass County, East Central Judicial District, Wade L. Webb, J., entered order granting Indian tribe's motion to intervene. County social worker appealed. *Holding: The Supreme Court, Kapsner,
J., held that order granting motion to intervene was not final,
appealable order. Welch
Contracting v. North Carolina Dept. Transportation Subjects: Breach of contract -- North Carolina. Dept. of Transportation; Letting of contracts -- North Carolina. Dept. of Transportation; Breach of contracts -- Eastern Band of Cherokee Indians of North Carolina; Letting of contracts -- Eastern Band of Cherokee Indians of North Carolina; Sovereign immunity -- North Carolina; Sovereign immunity -- Eastern Band of Cherokee Indians of North Carolina. *Synopsis: Highway subcontractor brought breach of contract and breach of state bidding requirements action against North Carolina Department of Transportation (NCDOT) and Eastern Band of Cherokee Indians (EBCI). The Superior Court, Swain County, James U. Downs, J., dismissed the action for lack of subject matter jurisdiction, and subcontractor appealed. *Holding: The Court of Appeals, McGee,
J., held that: Marriage
of Wyatt Subjects: Divorce -- Montana; Divorce -- Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana; Jurisdiction -- Montana; Jurisdiction -- Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana. *Synopsis: Husband filed petition for dissolution of marriage. The Eighth Judicial District Court, County of Cascade, Thomas M. McKittrick, J., declined to exercise jurisdiction as matter of comity in light of finding that tribal court had concurrent jurisdiction and dismissed petition. Husband appealed. *Holding: The Supreme Court, John Warner,
J., held that dismissal of divorce petition on grounds that tribal
court had concurrent jurisdiction, as matter of comity, was not
abuse of discretion. John
v. Baker Subjects: Parent and child (Law); Trials (Custody of children) -- Alaska; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Concurrent jurisdiction -- Alaska; Concurrent jurisdiction -- Northway Village (AK); Comity; Child support. *Synopsis: After tribal court entered order granting both parents shared custody of children, the trial court granted primary physical custody of children to father and ordered mother to pay child support. Mother appealed. The Supreme Court, 982 P.2d 738, reversed and remanded, holding that tribal and state superior courts share concurrent jurisdiction over child custody disputes concerning children eligible for tribe membership. On remand, the trial court denied comity to tribal court's custody order, and mother again appealed. The Supreme Court, 30 P.3d 68, reversed and remanded, On remand, the Superior Court, Fourth Judicial District, Fairbanks, Mark I. Wood, J., referred custody matter to tribal court, but concluded that its child support order remained valid. Mother appealed. *Holding: The Supreme Court, Bryner, C.J.,
held that trial court retained jurisdiction over issue of child
support, as remands following appeals had all been confined to issue
of child custody, and there was no tribal child support order to
which comity could be extended. Bradley
v. Crow Tribe of Indians Subjects: Jurisdiction -- Montana; Employees, Dismissal of -- Crow Tribe of Montana. *Synopsis: Tribe member, as employee, sued Indian tribe in state court for breach of employment contract. Employee moved for summary judgment. The District Court, Thirteenth Judicial District, County of Yellowstone, Susan P. Watters, J., initially granted summary judgment, but later dismissed case for lack of subject matter jurisdiction on tribe's motion for relief from judgment. Employee appealed. The Supreme Court, 315 Mont. 75, 67 P.3d 306, reversed and remanded. On remand, The district court re-entered summary judgment for the employee, and tribe's motion to alter or amend judgment was denied by operation of law. Tribe appealed. *Holding: The Supreme Court, Warner, J.,
held that: Murphy
v. State of Oklahoma Subjects: Criminal jurisdiction -- Oklahoma; Servitudes -- Defined -- Indian Country (Okla.); ; Indian Country (Okla.) -- Defined; Indian allotments -- Oklahoma; Muscogee (Creek) Nation, Oklahoma -- Boundaries; Offenders with mental disabilities -- Oklahoma. *Synopsis: Defendant was convicted in the District Court, McIntosh County, Steven W. Taylor, J., of first-degree murder with two aggravating circumstances and was sentenced to death. Defendant appealed. The Court of Criminal Appeals, Lumpkin, P.J., 47 P.3d 876, affirmed. Defendant filed a second application for post-conviction relief, and the matter was remanded for evidentiary hearing. *Holding: The Court of Criminal Appeals,
Lumpkin, V.P.J., held that: In
re Baby Boy C. Subjects: Parent and child (Law); Trials (Custody of children) -- New York (State); Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Existing Indian family exception; Intervention (Civil procedure) -- Tohono O'odham Nation of Arizona. *Synopsis: Adoption proceeding was filed. Tribe moved to intervene pursuant to Indian Child Welfare Act (ICWA). The Family Court, New York County, Mary E. Bednar, J., denied motion and directed adoption to proceed. Tribe appealed. *Holding: The Supreme Court, Appellate Division, Gonzalez, J., held that: Seneca
Niagra Falls Gaming Inc. v. Klewin Buidling Co. Subjects: Seneca Niagra Falls Gaming Inc.; Klewin Building Co.; Sovereign immunity -- Seneca Niagra Falls Gaming Inc.; Law -- Connecticut.. *Synopsis: (from the opinion) The plaintiff has filed this motion to dismiss counterclaims and application for immediate temporary injunction on the basis that the claims asserted by the Klewin defendants are barred by the doctrine of sovereign immunity and on the basis that the Klewin defendants failed to establish jurisdiction for their claims as an application pursuant to Connecticut General Statutes § 52-422 because none of their claims are being arbitrated. *Holding: not available In re Termination of Parental Rights to Daniel R.S. Subjects: Parent and child (Law); Trials (Custody of children) -- Wisconsin; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination -- Wisconsin; Evidence, Expert -- Wisconsin. *Synopsis: Petition was brought seeking termination of mother's parental rights. The Circuit Court, Brown County, J.D. McKay, J., granted petition. Mother appealed. The Court of Appeals affirmed. Mother appealed. *Holding: The Supreme Court, Shirley S. Abrahamson, C.J., held that:
(1) mother laid a proper foundation qualifying psychologist as an expert to testify regarding whether mother was likely to be able to meet the conditions for return of her children within twelve-month period;
(2) trial court's error in precluding psychologist's expert opinion testimony denied mother her due process right to present a defense, and thus constituted reversible error;
(3) reassignment of a case to a different judge because of docket congestion does not constitute disqualification of a judge; and
(4) trial court did not improperly instruct jury that State law elements for termination of parental rights must be proven only by clear and convincing evidence.
In re Cole Subjects: Parent and child (Law); Trials (Custody of children) -- Michigan; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination -- Michigan; Little Traverse Bay Bands of Odawa Indians, Michigan -- Membership. *Synopsis: (from the opinion) Respondent Cody BigJohn appeals as of right from the trial court order terminating his parental rights to the minor child, Angela Cole (d/o/b 2/6/04), under MCL 712A.19b(3)(g) (failure to provide proper care or custody). Because eligibility for Tribe membership is for the Tribe to determine, and because the trial court applied the incorrect standard in its termination of parental rights analysis, we reverse in part and remand; however, we do not disturb the trial court’s finding regarding the qualification of the expert witness in question. *Holding: not available Squirrel v. Bordertown Bingo Subjects: Workers compensation claims -- Eastern Shawnee Tribe of Oklahoma; Bordertown Bingo; Jurisdiction -- Oklahoma; Sovereign immunity -- Eastern Shawnee Tribe of Oklahoma. *Synopsis: Workers' compensation claimant, who was employee of Indian tribe's bingo hall, appealed from a decision of the Workers' Compensation Court finding that the Workers' Compensation Court lacked subject matter jurisdiction over claimant's benefit claims. *Holding: The Court of Civil Appeals,
Robert Dick Bell, J., held that tribe's insurer was estopped from
asserting tribe's sovereign immunity in defense of workers' compensation
claims brought by claimant. State
of Utah v. Reber Subjects: Poaching -- Utah -- Uintah County; Deer hunting -- Indian Country (Utah); Jurisdiction -- Utah; FIsh and game licenses -- Utah. *Synopsis: Defendant was convicted in a jury trial in the Eighth District, Vernal Department, A. Lynn Payne, J., of aiding or assisting in wanton destruction of protected wildlife, and two other defendants entered conditional guilty pleas to attempted wanton destruction of protected wildlife. Defendants appealed. *Holding: The Court of Appeals, Bench, Associate P.J., held that state court lacked jurisdiction over hunting violations committed on Indian lands. In re Adoption of Sara J. Subjects: Parent and child (Law); Trials (Custody of children) -- Alaska; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Kinship care; Brothers and sisters; Non-Indians; Interracial adoption. *Synopsis: Non-Native woman petitioned to adopt three Native children who were siblings. The Superior Court, Fourth Judicial District, Bethel, Dale O. Curda, J., finding that good cause existed to deviate from the preferred placements mandated by Indian Child Welfare Act (ICWA), granted the petition. The Indian tribe with the most significant contacts to the children and the children's Native maternal uncle and aunt appealed. *Holding: The Supreme Court, Eastaugh,
J., held that: Alliance to Save the Mattaponi v. Commonwealth of Virginia, Department of Environmental Quality Subjects: Virginia. State Water Control Board; Permits -- Virginia -- Newport News; Treaty at Middle Plantation(1677); King William Reservoir project (Va.); Reservoirs -- Virginia; Dams -- Virginia; State recognized Indian tribes -- Mattaponi Indian Reservation (Virginia); Treaty rights -- Mattaponi Indian Reservation (Virginia); Mattaponi Indian Reservation (Virginia) -- Exclusion, Right of; Trials (Trespass); Evidence; Sovereign immunity -- Virginia. *Synopsis: Environmental conservation organizations and landowners sought review of decision of State Water Control Board (SWCB) to issue a water protection permit to city for reservoir project. The Circuit Court, City of Newport News, Robert W. Curran, J., dismissed. Organizations and landowners appealed. The Court of Appeals, 30 Va.App. 690, 519 S.E.2d 413, affirmed. Organizations and landowners appealed. In separate action, Indian tribe appealed from SWCB's issuance of WPP to city. The Circuit Court sustained Commonwealth and city's demurrers. Tribe appealed. The Court of Appeals, 31 Va.App. 472, 524 S.E.2d 167, affirmed, and tribe appealed. On consolidated appeals, the Supreme Court, 261 Va. 366, 541 S.E.2d 920, reversed. On remand, the Circuit Court affirmed in part and dismissed in part. On appeal, the Court of Appeals, 43 Va.App. 690, 601 S.E.2d 667, affirmed in part and transferred in part. *Holding: On consolidated appeals, the Supreme Court, Barbara Milano Keenan, J., held that: In re I.G. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Foster care placement -- California; Kinship care -- California. *Synopsis: County department of human services filed dependency petition. The Superior Court, City and County of San Francisco, No. JD01-3236, Geraldine Rosen-Park, Commissioner, and Katherine Feinstein, J. terminated family reunification services, placed child with paternal aunt, ordered that parents have monthly supervised visits with child, and scheduled permanency planning hearing. Parents appealed. *Holding: The Court of Appeal, Ruvolo, J., held that:
(1) department failed to comply with notice provisions of Indian Child Welfare Act (ICWA), and
(2) given inexcusable delay, in interests of justice, on remand further proceedings would be conducted before family court supervising judge.
Big Valley Band of Pomo Indians v. Superior Court of Lake County Subjects: Breach of contract -- Big Valley Band of Pomo Indians of the Big Valley Rancheria, California; Casinos -- Employees -- Big Valley Band of Pomo Indians of the Big Valley Rancheria, California; Sovereign immunity -- Big Valley Band of Pomo Indians of the Big Valley Rancheria, California; Arbitration agreements, Commercial -- Big Valley Band of Pomo Indians of the Big Valley Rancheria, California. *Synopsis: Former employees of Indian casino sued the Tribe for breach of contract, and the Superior Court of Lake County, No. CV400621,Galen Hathaway, J., overruled Tribe's demurrer on grounds of sovereign immunity. Tribe petitioned for writ review. *Holding: The Court of Appeal, Corrigan, Acting P.J., held that arbitration clause in employment contracts did not waive sovereign immunity. State
of Iowa v. Lasle Subjects: Jurisdiction -- Iowa; Jurisdiction -- Sac & Fox Tribe of the Mississippi in Iowa; Age (Law) -- Iowa; Minors -- Iowa; Tobacco -- Sac & Fox Tribe of the Mississippi in Iowa; Indian business enterprises -- Sac & Fox Tribe of the Mississippi in Iowa. *Synopsis: Defendant, who was employed at store owned by Indian tribe, was charged with providing tobacco to an underaged person. Tribe filed motion to dismiss for lack of subject matter jurisdiction. The District Court, Tama County, John J. Willett, Magistrate, granted motion. State filed application for discretionary review. *Holding: Upon grant of application, the Supreme Court, Lavorato, C.J., held that: State
of Idaho v. Ambro Subjects: Jurisdiction -- Idaho; Criminal actions arising in Indian Country (Idaho) -- Coeur D'Alene Tribe of the Coeur D'Alene Reservation, Idaho; Jurisdiction -- United States; Jurisdiction -- Coeur D'Alene Tribe of the Coeur D'Alene Reservation, Idaho; Methamphetamine. *Synopsis: Defendant pled guilty in the District Court, First Judicial District, Kootenai County, Charles W. Hosack, J., to possession of a controlled substance, reserving her right to appeal the district court's denial of her motion to dismiss and her motion for reconsideration. Defendant appealed. *Holding: The Court of Appeals, Perry, C.J., held that state lacked subject matter jurisdiction to prosecute Indian for methamphetamine, possessed on reservation, even though it was found during traffic stop on state highway. Arizona
Minority Coalition for Fair Redistricting v. The Arizona Independent
Redistricting Commission Subjects: Navajo Nation Arizona New Mexico Utah; Arizona Redistricting Commission; United States. Voting Rights Act of 1965; Election districts -- Arizona; Apportionment (Election law). *Synopsis: After voters amended the Arizona Constitution and transferred the power to redraw lines for both legislative and congressional districts from the state legislature to an independent commission, actions were filed in the Superior Court in Maricopa County, No. CV 2002-004380, Kenneth Fields, J., against the commission by various parties challenging the redistricting plan. The trial court upheld certain challenges and rejected others. Commission and other parties appealed. *Holding: The Court of Appeals held that: Big Valley Band of Pomo Indians v. Superior Court of Lake County Subjects: Parent and child (Law); Trials (Custody of children) -- California; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Notice (Law) -- United States. *Synopsis: Former employees of Indian casino sued the Tribe for breach of contract, and the Superior Court of Lake County, No. CV400621, Galen Hathaway, J., overruled Tribe's demurrer on grounds of sovereign immunity. Tribe petitioned for writ review. *Holding: The Court of Appeal, Corrigan, Acting P.J., held that arbitration clause in employment contracts did not waive sovereign immunity.
Peterman
v. Pataki Subjects: Indian gaming -- Oneida Nation of New York; Gambling on Indian reservations -- New York (State); Sovereign immunity -- Oneida Nation of New York; New York (State). Governor -- Powers and duties; Intergovernmental agreements -- Oneida Nation of New York; Parties to actions. *Synopsis: (from Westlaw) Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (James W. McCarthy, A.J.), entered August 25, 2004. The judgment, insofar as appealed from, denied the motion of Oneida Indian Nation of New York and Ray Halbritter to dismiss the third amended complaint upon the grounds of failure to join an indispensable party and lack of a justiciable controversy. *Holding: not available Taxpayers
of Michigan Against Casinos v. State of Michigan Subjects: United States. Indian Gaming Regulatory Act; United States. Congress -- Powers and duties; Casinos -- Michigan; Gambling on Indian reservations -- Michigan; Michigan; Indian gaming -- Michigan; Tribes -- Michigan; Michigan -- Powers and duties; Michigan. Governor -- Powers and duties; Separation of powers -- Michigan; Intergovernmental agreements -- Michigan; Taxpayers of Michigan Against Casinos. *Synopsis: Taxpayers filed petition against the State alleging that the submission of compacts between the Governor and Indian tribes authorizing the tribes to operate casinos on reservations through joint resolution process instead of legislative process violated provisions of the State Constitution. The Ingham Circuit Court, Peter D. Houk, J., determined that legislative approval, by resolution, of the compacts violated certain provisions of the Michigan Constitution. The State appealed. The Court of Appeals, 254 Mich.App. 23, 657 N.W.2d 503, affirmed in part and reversed in part. Taxpayers sought leave to appeal. The Supreme Court 471 Mich. 306, 685 N.W.2d 221, affirmed in part and remanded. *Holding: On remand, the Court of Appeals, Schuette, J., held that amendment by Governor of gambling compact without legislative approval violated separation of powers clause in Michigan Constitution.
Bruner
v. State of Oklahoma Subjects: Mines and mineral resources -- Taxation -- Oklahoma; Mines and mineral resources -- Indian Country (Oklahoma); Indian allotments; Restricted lands; Five Civilized Tribes; Due process of law; United States. Constitution; Law -- United States. *Synopsis: Taxpayer, who was a full-blood Creek Indian, sought review of order of the Oklahoma Tax Commission denying tax refund of gross production and petroleum excise taxes for oil production that was from restricted Indian land. *Holding: The Court of Civil Appeals, Ronald J. Stubblefield, J., held that: In
re Advisory Opinion to the House of Representatives Subjects: Constitutional law -- Rhode Island; Casinos -- Law and legislation -- Rhode Island; Casinos -- State supervision -- Rhode Island. *Synopsis: The House of Representatives sought advisory opinion regarding the constitutionality of proposed casino bill. *Holding: The Supreme Court held that proposed casino bill violated State constitution provision that required State to have operational control over casinos. In
re X.V. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Family violence; Drug abuse; Parental rights -- Termination -- California; Jurisdiction -- California; Notice (Law). *Synopsis: County health and human services agency filed child dependency petition due to domestic violence between parents and their history of drug abuse. The father advised the agency of his Indian heritage. The Superior Court, San Diego County, No. SJ10935A/B, Peter E. Riddle, J., terminated parental rights and ordered adoption as permanent plan. Mother appealed, and Court of Appeal conditionally reversed the judgment and remanded so that the agency could provide proper Indian Child Welfare Act (ICWA) notice. On remand, the court found the ICWA to be inapplicable, and reinstated the judgment terminating parental rights. Parents appealed, and also filed petition for writ of habeas corpus. *Holding: The Court of Appeal, McConnell, P.J., held that: Astroga v. Wing Subjects: Cooperative agreements -- Navajo Nation Division of Social Services; Cooperative agreements -- Greer’s Scott Mortuary (Ariz.); Poor -- Navajo Nation, Arizona, New Mexico & Utah -- Members; Funeral homes -- Arizona; Manners and customs -- Navajo Nation, Arizona, New Mexico & Utah; Jurisdiction -- Navajo Nation, Arizona, New Mexico & Utah; Jurisdiction -- Arizona. *Synopsis: After Indian plaintiffs initially filed complaint against mortuary in tribal court for wrongful burial and other claims, they filed the present parallel action in state court. Plaintiffs then requested the superior court to stay proceedings pending a determination by the tribal court as to whether it had jurisdiction to hear the case. The Superior Court, CV 2003-0212, Thomas L. Wing, J., denied the motion to stay, and plaintiffs petitioned for special action *Holding: The Court of Appeals, Snow,
J., held that: In
re Alexis H. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Jurisdiction -- California; Notice (Law); Tribal membership. *Synopsis: County department of children and family services filed dependency petition based on mother's failure to protect children and father's failure to care for children due to his being in prison. The Superior Court, Los Angeles County, No. CK54566, Stephen Marpet, Temporary Judge, declared children to be dependents, placed them with mother, and ordered provision of family reunification services. Father appealed. *Holding: The Court of Appeal, Rubin, Acting P.J., held that: Squirrel
v. Bordertown Bingo Subjects: Workers compensation claims -- Eastern Shawnee Tribe of Oklahoma; Bordertown Bingo; Jurisdiction -- Oklahoma; Sovereign immunity -- Eastern Shawnee Tribe of Oklahoma. *Synopsis: Workers' compensation claimant, who was employee of Indian tribe's bingo hall, appealed from a decision of the Workers' Compensation Court finding that the Workers' Compensation Court lacked subject matter jurisdiction over claimant's benefit claims. *Holding: The
Court of Civil Appeals, Robert Dick Bell, J., held that tribe's
insurer was estopped from asserting tribe's sovereign immunity in
defense of workers' compensation claims brought by claimant. Kitras v. Town of Aquinnah Subjects: Servitudes -- Massachusetts -- Aquinnah; Sovereign immunity -- United States; Wampanoag Tribe of Gay Head (Aquinnah) of Massachusetts; Land tenure -- Massachusetts -- Aquinnah; Sovereign immunity -- Wampanoag Tribe of Gay Head (Aquinnah) of Massachusetts. *Synopsis: Owners of landlocked lots brought action for easement by necessity against neighbors, including United States, which held number of neighboring lots in trust for Native American Tribe, claiming easements by necessity. After United States was dismissed on sovereign immunity grounds, the Land Court Department, Suffolk, Mark V. Green, J., granted neighbors' motion to dismiss, and the court, Leon J. Lombardi, J., denied motion to amend to join Native American Tribe directly as a party and entered partial judgment. *Holding: On appeal, the Appeals Court, Brown, J., held that: In re Joshua S. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Jurisdiction -- Termination -- California -- Los Angeles County; Grandmothers; Indians of North America -- Canada. *Synopsis: Children appealed from order of the superior court terminating dependency jurisdiction after their indigent maternal grandmother with whom they lived on a Canadian Indian reservation was appointed their legal guardian. The Court of Appeal, 131 Cal.Rptr.2d 656, reversed and remanded, finding that juvenile court abused its discretion by terminating jurisdiction without considering whether termination was in children's best interests. Following remand, the Superior Court, Los Angeles County, No. CK23643, Sherri Sobel, Temporary Judge, again terminated jurisdiction. Children again appealed. *Holding: The Court of Appeal, Rubin, J., held that: Doe
v. Santa Clara Pueblo Subjects: Kidnapping; Minors; Personal injuries; Casinos -- Pueblo of Santa Clara, New Mexico; Jurisdiction -- Pueblo of Santa Clara, New Mexico; Jurisdiction -- New Mexico; Gambling on Indian reservations -- New Mexico; Indian gaming -- Pueblo of Santa Clara, New Mexico; Intergovernmental agreements -- Pueblo of Santa Clara, New Mexico; Intergovernmental agreements -- New Mexico; United States. Indian Gaming Regulatory Act. *Synopsis: Minor who was kidnapped from parking lot of casino on tribal land, by and through her parents and next friend, brought personal injury suit against Indian tribe. The District Court, Santa Fe County, Carol J. Vigil, D.J., denied tribe's motion to dismiss for lack of subject matter jurisdiction. Tribe brought interlocutory appeal. *Holding: The Court of Appeals, Michael
E. Vigil, J., held that: Willman
v. Washington Utilities and Transportation Commission Subjects: Public utilities -- Taxation -- Yakama Indian Nation of the Yakama Reservation, Washington; Confederated Tribes and Bands of the; Non-members of a tribe -- Yakama Indian Nation of the Yakama Reservation, Washington; Confederated Tribes and Bands of the; Washington Utilities and Transportation Commission; Franchises (Retail trade) ; Fees, Administrative. *Synopsis: Non-Indian resident of Indian reservation and citizens' group petitioned for declaratory and injunctive relief to challenge decision of Utilities and Transportation Commission (UTC) allowing utilities which were operating on reservation to pass on cost of fee exacted by Tribal Council to all ratepayers within the reservation, including non-Indians. The Superior Court, Yakima County, Heather K. Van Nuys, J., granted utilities' motions for summary judgment. Resident and group appealed. The Court of Appeals, Kato, C.J., 122 Wash.App. 194, 93 P.3d 909, affirmed. Review was granted. *Holding: The Supreme Court, C. Johnson, J., held that: Lamere
v. The Superior Court Subjects: Pechanga Band of Luiseno Mission Indians of the Pechanga Reservation, California -- Members; Pechanga Band of Luiseno Mission Indians of the Pechanga Reservation, California -- Membership; Disenrollment -- Pechanga Band of Luiseno Mission Indians of the Pechanga Reservation, California; California -- Jurisdiction; United States. Public Law 280. *Synopsis: Enrolled members of Indian band brought action alleging violation of band law and federal law against members of band's enrollment committee which had initiated disenrollment procedures against members. The Superior Court, Riverside County, No. RIC406255, Charles D. Field, J., overruled committee members' demurrer. Committee members petitioned for writ of mandate. *Holding: The Court of Appeal, Richli, Acting P.J., held that state court had no jurisdiction under federal Public Law 280 over action. In re the Children
of J.L.W. and P.M.H. Subjects: Parent and child (Law); Trials (Custody of children) -- Minnesota; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination -- Minnesota; Evidence (Law); Family reunification -- Minnesota. *Synopsis: (from the opinion) On appeal, appellant–father argues that the district court lacked sufficient evidence to terminate his parental rights. Specifically, he argues that the district court erred by (1) erroneously considering his incarceration status in determining that he had abandoned his children; (2) determining he had refused to comply with his parental duties; (3) determining that he was palpably unfit to parent; (4) finding that he exposed a child to egregious harm; and (5) determining that the children were neglected and in foster care. Appellant further argues that the district court erred in concluding that the county had provided active efforts, as required by the Indian Child Welfare Act, to reunify the family. Because the district court had sufficient evidence to terminate appellant’s parental rights and because the county’s efforts to unify the family were futile, we affirm. *Holding: not available Wendell C. II v. State of Alaska Subjects: Parent and child (Law); Trials (Custody of children) -- Alaska; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination -- Alaska. *Synopsis: Parents appealed judgment of the Superior Court, Second Judicial District, Kotzebue, Richard H. Erlich, J., terminating parental rights to their four children, who were Indian children for purposes of the Indian Child Welfare Act (ICWA). *Holding: : The Supreme Court, Matthews, J., held that: State of Minnesota v. Jones Subjects: Jurisdiction -- Minnesota; Leech Lake Band (Minn.) -- Members; Indians of North America -- On Indian reservations -- Leech Lake Band (Minn.); Kidnapping; Criminal registers -- Minnesota. *Synopsis: Native American previously convicted of kidnapping, who had been charged under predatory-offender registration statute with felonies of failing to notify Bureau of Criminal Apprehension (BCA) of his change of address and failing to complete, sign and return to the BCA the requisite address verification forms, moved to dismiss charges on ground that state courts lacked subject matter jurisdiction to enforce cited provisions of statute against him. The District Court, Cass County, John P. Smith, J., granted motion. State appealed. *Holding: The Court of Appeals, Gordon
W. Shumaker, J., held that state lacked subject-matter jurisdiction
to enforce statute against Native American living on Indian reservation,
as statute was "civil/regulatory" in nature. Citizens
to Enforce CEQA v. City of Rohnert Park Subjects: Citizens to Enforce CEQA; California. California Environmental Quality Act; Intergovernmental agreements -- Federated Indians of Graton Rancheria, California (formerly the Graton Rancheria); Intergovernmental agreements -- Rohnert Park (Calif.); Gambling on Indian reservations -- California; Indian gaming -- Federated Indians of Graton Rancheria, California (formerly the Graton Rancheria); Referendum -- Rohnert Park (Calif.); Casinos -- Design and construction -- Federated Indians of Graton Rancheria, California (formerly the Graton Rancheria). *Synopsis: Citizens group and two individuals opposed to construction of casino by Indian tribe filed petition for writ of mandate, seeking to force city to comply with provisions of California Environmental Quality Act (CEQA) before entering into memorandum of understanding (MOU) with tribe regarding funding of possible public improvements. Developer was named real party in interest. The Superior Court, Sonoma County, No. 233809, Robert S. Boyd, P.J., sustained demurrers of city and developer and dismissed action. Plaintiffs appealed. *Holding:The Court of Appeal, Marchiano,
P.J., held that: Beecher
v. MTIC, LLC FKA Subjects: Employees, Dismissal of -- Mohegan Indian Tribe of Connecticut; Sovereign immunity -- Mohegan Indian Tribe of Connecticut; Indian gaming -- Pennsylvania; Gambling on Indian Reservations -- Mohegan Indian Tribe of Connecticut. *Synopsis: (from the opinion) The plaintiffs rely on Confederated Tribes of Colville Reservation Tribal Credit v. White, 139 F.3d 1268 (9th Cir.1998), for the proposition that a tribe, by filing an action, waives immunity from “inevitable consequences” of having filed the first action. *Holding: not available The People of South Dakota in the Interest of O.S. Subjects: Parent and child (Law); Trials (Custody of children) -- South Dakota; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Evidence, Expert -- South Dakota; Evidence (Law); Family reunification -- South Dakota. *Synopsis: A petition was filed to terminate mother's parental rights to Indian child. The Circuit Court of the Seventh Judicial Circuit, Pennington County, Jeff W. Davis, J., terminated parental rights. Mother appealed. *Holding: The Supreme Court, Meierhenry, J., held that: In re Guardianship of Jane E. P. Subjects: Parent and child (Law); Trials (Custody of children) -- Wisconsin; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Guardian and ward -- Wisconsin; Grant County (Wis.) -- Residency requirements; Iowa County (Wis.) -- Residency requirements. *Synopsis: Petition for guardianship and protective placement was filed by county department of social services on behalf of proposed ward. The county unified board, which was agency responsible for administering community mental health and developmental disability programs, sought dismissal of petition. The Circuit Court, Grant County, Robert P. Van De Hey, J., dismissed petition, based upon proposed ward's non-residency. Department appealed. The Court of Appeals, 275 Wis.2d 680, 687 N.W.2d 72, reversed. Board petitioned for review. *Holding: Upon grant of petition, the
Supreme Court, Ann Walsh Bradley, J., held that: In re S.W. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Foster care placement -- California; Grandmothers; Kinship care; Foster home care -- California. *Synopsis: County agency filed dependency petition for child. The Superior Court, San Diego County, No. EJ002465, Gary M. Bubis, Referee, placed child in foster care, rather than with maternal grandmother, at dispositional hearing. Mother appealed. *Holding: The Court of Appeal, Nares,
J., held that juvenile court lacked authority to place child with
grandmother, given agency's denial of exemption from grandmother's
criminal record. Worthington v. City Council of the City of Rohnert Park Subjects: Intergovernmental agreements -- Federated Indians of Graton Rancheria, California (formerly the Graton Rancheria); Intergovernmental agreements -- Rohnert Park (Calif.); Gambling on Indian reservations -- California; Indian gaming -- Federated Indians of Graton Rancheria, California (formerly the Graton Rancheria); Referendum -- Rohnert Park (Calif.); Casinos -- Design and construction -- Federated Indians of Graton Rancheria, California (formerly the Graton Rancheria). *Synopsis: An individual and citizens group filed petition for writ of mandate to place referendum on ballot regarding city's action, after city adopted memorandum of understanding (MOU) with Indian tribe, which addressed mitigation of potential impacts of a future casino project. The Superior Court, Sonoma County, No. 234080, Laurence K. Sawyer, J., denied the petition, and plaintiffs appealed. *Holding: The Court of Appeal, Marchiano, P.J., held that city's resolution adopting MOU was an administrative act not subject to referendum. In re S.B. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination -- California -- San Bernardino County; Cherokee Nation -- Members; Indian children -- Genealogy. *Synopsis: The Superior Court of San Bernardino County, No. J185176, A. Rex Victor, J., entered an order terminating mother's parental rights to her daughter. At preceding hearing, social worker first learned child had Indian ancestry, Tribe was notified and child became member of Tribe, which approved her placement with Indian foster parents. Mother appealed. *Holding: The Court of Appeal, Richli, J., held that: Bone Shirt
v. Hazeltine Subjects: United States. Voting Rights Act of 1965; Voting -- United States; Indians of North America; South Dakota; Apportionment (Election law); South Dakota. Legislature -- Election districts; Suffrage; Dilution. South Dakota. Constitution. *Synopsis: After the United States District Court of South Dakota, 336 F.Supp.2d 976, found that South Dakota legislative redistricting plan violated Voting Rights Act, the District Court, Karen E. Schreier, J., granted State's request asking that question, whether the Legislature could engage in legislative apportionment in a year other than a year after a decennial census, be certified to the South Dakota Supreme Court. *Holding: After accepting certification, the Supreme Court, Gilbertson, C.J., and Sabers, J., held that the Legislature had the continuing obligation and duty under the South Dakota Constitution to enact a valid apportionment plan following decision by United States District Court that original plan was invalid. Chayoon
v. Sherlock Subjects: Mashantucket Pequot Gaming Enterprise -- Employees; Employees, Dismissal of -- Mashantucket Pequot Tribe of Connecticut; Casinos -- Mashantucket Pequot Tribe of Connecticut; Gambling on Indian reservations; Indian gaming -- Mashantucket Pequot Tribe of Connecticut; United States. Family and Medical Leave Act of 1993; Sovereign immunity -- Mashantucket Pequot Tribe of Connecticut. *Synopsis: Former employee brought action against employees of Indian casino, alleging wrongful termination in violation of the Family Medical Leave Act (FMLA). The Superior Court, Judicial District of New London at Norwich, Martin, J., dismissed action. Former employee appealed. *Holding: The Appellate Court, Bishop, J., held that: In
the Interest of T.C.T., A.R.T., S.C.T., and C.K.T. Subjects: Parent and child (Law); Trials (Custody of children) -- Missouri; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination -- Missouri -- Jackson County; Fathers; Mothers. *Synopsis: Termination of parental rights proceeding was brought. The Circuit Court, Jackson County, Jon R. Gray, J., terminated parental rights of father and mother. Father and mother appealed. *Holding: The Court of Appeals, Ronald
R. Holliger, P.J., held that father and mother's brief failed to
comply with even minimal requirements for appellate brief, thus
requiring dismissal of appeal. In re Aaron R. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination -- California -- San Francisco; Grandmothers; Mothers; Kinship care -- California; Tribal membership. *Synopsis: County social services department filed dependency petition regarding three children of single mother. The Superior Court, San Francisco County, No. JD003340, William Gargano, Commissioner, entered orders terminating parental rights and freeing minors for adoption, and denying grandmother's petition for modification of previous order placing one minor in foster care. Mother and grandmother appealed. *Holding: The Court of Appeal, Swager, J., held that: Seminole
Tribe of Florida v. McCor Subjects: Casinos -- Accidents -- Seminole Tribe of Florida, Dania, Big Cypress, Brighton, Hollywood & Tampa Reservations; Seminole Tribe of Florida, Dania, Big Cypress, Brighton, Hollywood & Tampa Reservations; Jurisdiction -- Florida; Sovereign immunity -- Seminole Tribe of Florida, Dania, Big Cypress, Brighton, Hollywood & Tampa Reservations; Liability (Law). *Synopsis: Casino patron brought negligence action against Indian tribe, seeking damages for injuries she allegedly sustained from being struck by a chair while she was at the Indian tribe's casino. The Circuit Court, Hillsborough County, William P. Levens, J., denied tribe's motion to dismiss or for summary judgment. Tribe sought certiorari review. *Holding: The District Court of Appeal, Canady, J., held that purchase of liability insurance by tribe did not result in waiver of tribe's immunity. Mary U. v. State of Alaska, Department of Health and Human Services Subjects: Parent and child (Law); Trials (Custody of children) -- Alaska; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination -- Alaska; Testimony -- Alaska; Evidence, Expert -- Alaska; Mothers -- Alcoholism -- Alaska; Evidence (Law). *Synopsis: Mother appealed from a decision of the Superior Court, Fourth Judicial District, Fairbanks, Randy M. Olsen, J., that terminated mother's parental rights to her three Alaska Native children. *Holding: The Supreme Court held that:
(1) evidence supported finding that mother had not remedied, within reasonable amount of time, conduct that placed her children at risk, and
(2) trial court had adequate expert testimony to support finding, under Indian Child Welfare Act (ICWA), that state had proved beyond reasonable doubt that return of children to their mother would cause children to suffer serious physical and emotional harm.
In
re Fessler Subjects: Parent and child (Law); Trials (Custody of children) -- Michigan; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination -- Michigan; Mothers. *Synopsis: (from the opinion) In
Docket No. 254909, we affirm the termination *Holding: not available People v. Patterson Subjects: Ice fishing -- New York (State ) -- Niagara County; Wilson-Tuscarora State Park (N.Y.); Fishery law and legislation -- New York (State); Tuscarora Nation of New York -- Members. *Synopsis: Defendant, a member of the Tuscarora Indian Nation, was convicted in the Town of Wilson Justice Court, Robert J. Botzer, J., of ice fishing without an identifying tag on his tip-up, and he appealed. The County Court, Niagara County, Sara S. Sperrazza, J., affirmed, and defendant was granted leave to appeal. *Holding: The Court of Appeals, Rosenblatt, J., held that Treaty of Canandaigua did not vest members of the Tuscarora Indian Nation with off-reservation fishing rights on former Seneca lands demarcated by the Treaty. State of Connecticut v. Rost Subjects: Schaghticoke Tribal Nation (Conn.) -- Recognition; Federal recognition of Indian tribes -- United States; Stay of proceedings (Criminal procedure) -- Connecticut; Criminal actions arising in Indian Country (Conn.) -- Schaghticoke Tribal Nation (Conn.). *Synopsis: (from the opinion) Defendant has filed a motion for Stay of Prosecution dated November 12, 2004, arguing that the Court should stay criminal proceedings against the defendant until such time as a final decision is issued by the United States Dept. of the Interior's Bureau of Affairs on the pending application for recognition of the Schaghticoke Tribal Nation. *Holding: not available State
of Connecticut v. Russell Subjects: Schaghticoke Tribal Nation (Conn.) -- Recognition; Federal recognition of Indian tribes -- United States; Stay of proceedings (Criminal procedure) -- Connecticut; Criminal actions arising in Indian Country (Conn.) -- Schaghticoke Tribal Nation (Conn.). *Synopsis: (from the opinion) Whether a state has criminal jurisdiction over crimes committed by the defendant on an Indian reservation is controlled by the federal Indian Civil Rights Act, 25 U.S.C. Sections 1301 through 1341. Specifically, the Act preempts any exercise of state authority over a federally acknowledged Indian tribe unless that tribe has consented to state jurisdiction by a majority vote. *Holding: not available In re the Interest of R.E.K.F. Subjects: Parent and child (Law); Trials (Custody of children) -- Iowa; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Fathers; Notice (Law). *Synopsis: The State filed a petition to terminate putative father's parental rights to child. The District Court, Woodbury County, Mary J. Sokolovske, J., determined that the Iowa Indian Child Welfare Act (ICWA) did not apply and terminated father's parental rights to child. Father appealed. The Court of Appeals affirmed. Father sought review. *Holding: The Supreme Court, Streit, J., held that: State of Washington v. Adams Subjects: Skokomish Indian Tribe of the Skokomish Reservation, Washington -- Members; Jurisdiction -- Washington; Skokomish Indian Tribe of the Skokomish Reservation, Washington -- Boundaries -- Defined. *Synopsis: (from the opinion) As a member of the Skokomish Indian Tribe, Adams argues that the trial court lacked jurisdiction to enter convictions based on his guilty pleas. More specifically, he argues the trial court erred in ruling that (1) his crimes occurred outside his tribe's treaty area, (2) he should have asserted this jurisdictional defense before entering his guilty pleas, and (3) his motion was untimely. Finding no lack of jurisdiction or abuse of trial court discretion, we affirm. *Holding: not available Rolette County Social Service Board v. B.E. Subjects: Parent and child (Law); Trials (Custody of children) -- North Dakota; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Child support; Mothers; Jurisdiction -- North Dakota; Jurisdiction -- Turtle Mountain Band of Chippewa Indians of North Dakota; Concurrent jurisdiction -- North Dakota; Concurrent jurisdiction -- Turtle Mountain Band of Chippewa Indians of North Dakota; Turtle Mountain Band of Chippewa Indians of North Dakota -- Members. *Synopsis: State Department of Human Services and county social service board brought action against mother, seeking to establish child support obligation regarding children, who were members of Indian tribe. The District Court, Rolette County, Northeast Judicial District, Lester Ketterling, J., granted mother's motion to dismiss for lack of subject-matter jurisdiction. Board and Department appealed. *Holding:The Supreme Court, Kapsner, J., held that: Wells v. Wells Subjects: Parent and child (Law); Trials (Custody of children) -- South Dakota; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Child support; Jurisdiction -- South Dakota; Divorce suits -- South Dakota. *Synopsis: After the Department of Social Services, Office of Child Support Enforcement began seeking past due child support from father, who was a member of an Indian tribe, father filed a motion to vacate divorce decree that awarded mother child support. The Circuit Court of the Seventh Judicial Circuit, Pennington County, John J. Delaney, J., denied the motion. Father appealed. *Holding:The Supreme Court, Konenkamp, J., held that the issue of whether the Circuit Court had subject matter and personal jurisdiction over father during divorce proceeding was previously litigated and determined, and thus the child support judgment in divorce decree was res judicata. In re Fried Subjects: Parent and child (Law); Trials (Custody of children) -- Michigan; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination -- Michigan; Fathers; Michigan. Family Independence Agency; Family reunification; Conflict of interests. *Synopsis: Family Independence Agency (FIA) petitioned to terminate father's parental rights. The Circuit Court, Ingham County, Albert J. Neukom, J., granted petition. Father appealed. *Holding: The Court of Appeals, Kelly,
P.J., held that: Wright
v. Colville Tribal Enterprise Corporation Subjects: Race discrimination -- Off Indian reservations -- Washington (State); Jurisdiction -- Washington (State); Sovereign immunity -- Colville Tribal Enterprise Corporation (Wash.); Sovereign immunity -- Colville Tribal Services Corporation (Wash.). *Synopsis: Non-Indian employee brought action against his supervisor and two corporate Indian entities, alleging race discrimination, racial harassment, hostile work environment, negligent supervision, and negligent infliction of emotional distress. Defendants moved to dismiss, based on lack of subject matter jurisdiction, and tribal sovereign immunity. The Superior Court, Island County, Vickie Churchill, J., granted the motion to dismiss. Employee appealed. *Holding: The Court of Appeals, Appelwick, J., held
that: Foreman v. Department of Revenue Subjects: Indian Country (Or.) -- Defined; Klamath Indian Tribe of Oregon -- Boundaries -- Defined; Restricted lands -- Defined -- Klamath Indian Tribe of Oregon; Trust lands -- Defined -- Klamath Indian Tribe of Oregon; Indian allotments -- Defined -- Klamath Indian Tribe of Oregon; Tax exemption -- Oregon. *Synopsis: (from the opinion) After carefully reviewing the stipulated facts and analyzing the statutes in historical context with case law, the court finds that Plaintiffs do not live in Indian country because their Property is not within the Klamath Indian Tribe Reservation and is not a trust or restricted allotment. Now, therefore, IT IS THE DECISION OF THIS COURT that the income earned by Plaintiff, Allen Foreman, is not exempt from state taxation for tax years 2001 and 2002. *Holding: not available In re the Adoption of B.G.J. Subjects: Parent and child (Law); Trials (Custody of children) -- Kansas; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Adoption; Intervention (Civil procedure). *Synopsis: In adoption proceeding, the District Court, Johnson County, Lawrence E. Sheppard, J., granted Indian tribe's motion to intervene, determined that Indian Child Welfare Act (ICWA) applied to child's placement, determined that prospective adoptive parents had satisfied their burden of establishing good cause for deviation from ICWA's placement preferences, and granted prospective adoptive parents' adoption petition. Tribe appealed. *Holding:
The Court of Appeals, Hill, J., held that: Jonathon S. v. Tiffany S. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Mothers; Notice (Law); Jurisdiction -- California. *Synopsis: Order terminating a mother's parental rights was entered in dependency proceedings in the Superior Court, Riverside County, Becky L. Dugan, J., and mother appealed. *Holding:The Court of Appeal, Richli, J., held that: Eastlander Group, LLC v. Severin Hills, LLC Subjects: Eastlander Group, LLC; Severin Hills (LLC); Native American Gaming Fund; Contracts; Undue influence; Conspiracy; Sovereign immunity -- Schaghticoke Tribal Nation (Conn.); Schaghticoke Tribal Nation (Conn.) -- Recognition; Federal recognition of Indian tribes -- United States; Gambling on Indian reservations -- Connecticut; Indian gaming -- Schaghticoke Tribal Nation (Conn.). *Synopsis: (from the opinion) The plaintiff Eastlander Group, LLC (Eastlander) has brought this action against the defendants Severin Hills, LLC (Severin Hills), The Native American Gaming Fund, Inc., and Dean Markham alleging that the defendants tortiously interfered with the plaintiff's contract with the Schaghticoke Tribal Nation pursuant to which the plaintiff was to assist the Tribe with achieving federal recognition in return for substantial monetary sums that would be generated from the expected gaming facility which would result. As the complaint alleges that he was acting as an agent for the Tribe, Markham has moved to dismiss the claims against him of tortious interference and civil conspiracy on the grounds that he is immune from suit due to the Tribe's sovereign immunity. *Holding: not available Alliance for Native American Indian Rights in Tennessee, Inc. v. Nicely Subjects: Alliance for Native American Indian Rights in Tennessee; Burial sites -- Tennessee; Roads -- Design and construction -- Tennessee; Tennessee. Dept. of Transportation; Exhumation -- Tennessee; Burial sites -- Relocation -- Tennessee; Equality before the law -- United States; Due process of law -- United States; United States. Constitution. 14th Amendment. *Synopsis: Four Native American individuals and non-profit organization dedicated to preserving Native American burial grounds brought § 1983 action against the Commissioner of Transportation, alleging that Department of Transportation's plans to reinter Native American remains discovered during construction to widen a road violated their rights under the Due Process and Equal Protection Clauses, and seeking an injunction. The Chancery Court, Davidson County, Irvin H. Kilcrease, Jr., Chancellor, dismissed complaint for failure to state a claim. Plaintiffs appealed. *Holding:
The Court of Appeals, William C. Koch, Jr., P.J., M.S., held that:
(1) action was rendered moot by completion of construction project, and
(2) plaintiffs failed to show that there was a demonstrable probability that controversy would reoccur, and thus capable of repetition yet evading review exception to mootness doctrine did not apply.
Dalton v. Pataki Subjects: Intergovernmental agreements -- Tribes -- New York; Intergovernmental agreements -- New York; Governors -- New York -- Rights and responsibilities; United States. Indian Gaming Regulatory Act; Indian gaming -- New York; Gambling on Indian reservations -- New York; Separation of powers -- New York; New York. Constitution; Video lottery terminals. *Synopsis: Consolidated actions were brought by
group of citizen taxpayers, state legislators, and nonprofit organizations
opposed to spread of gambling, seeking judgment declaring certain
provisions of law governing gaming to be unconstitutional. The Supreme
Court, Albany County, Teresi, J., granted summary judgment for defendants,
and plaintiffs appealed. The Supreme Court, Appellate Division,
11 A.D.3d 62, 780 N.Y.S.2d 47, affirmed but modified by declaring
provision related to video lottery terminals (VLTs) unconstitutional.
Plaintiffs appealed, and defendants cross-appealed. *Holding:
The Court of Appeals, Ciparick, J., held that: Amalgamated Industries, Inc. v. Historic Eastern Pequot Tribe Subjects: Breach of contract -- Paucatuck Eastern Pequot Indians of Connecticut; Paucatuck Eastern Pequot Indians of Connecticut; Amalgamated Industries; Casinos -- Design and construction -- Connecticut; Connecticut. Unfair Trade Practices Act; United States. Indian Gaming Regulatory Act; Indian gaming -- Connecticut; Gambling on Indian reservations -- Connecticut. *Synopsis: (from the opinion)This action arises out of an alleged breach of contract by the defendants, the Paucatuck Eastern Pequots, a/k/a Paucatuck Eastern Pequot Tribal Nation (PEPs); James A. Cunha, Jr.; Frances M. Young; Agnes E. Cunha; Gina M. Hogan; Eugene R. Young, Jr.; Beverly Kilpatrick; James L. Williams, Sr.; and Christine C. Meisner (PEP councillors). FN1 The plaintiff, Amalgamated Industries, Inc., filed an eighteen-count complaint on July 10, 2003, alleging, inter alia, breach of contract (counts one through five), conversion (count six), breach of implied covenant of good faith and fair dealing (count seven), tortious interference with contract (count eight), tortious interference with business relations (count nine), commercial disparagement (count ten), civil conspiracy (count eleven), and violations of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes 42-110a et seq. (count twelve). The plaintiff also sets forth five alternative claims against the defendants. As alternative grounds for recovery against the Historic Eastern Pequot Tribe, a/k/a Eastern Pequot Tribal Nation (Historics), including and consisting of the [PEPs] and Easterns, the plaintiff claims successor liability (count fourteen), breach of implied contract (count sixteen), quantum meruit/unjust enrichment (count seventeen), and promissory estoppel (count eighteen). As its remedies, the plaintiff seeks a mandatory injunction (count thirteen, reformation of contract (count fifteen), specific performance, a prohibitive injunction, money damages, punitive damages, attorneys fees and costs, reimbursement of sums paid for and on behalf of the defendants; and imposition of a constructive trust (count seventeen). *Holding: not available Trump Hotels and Casino Resorts Development Company, LLC v. Rosow Subjects: Breach of contract -- Paucatuck Eastern Pequot Indians of Connecticut; Paucatuck Eastern Pequot Indians of Connecticut; Casinos -- Design and construction -- Connecticut; Connecticut. Unfair Trade Practices Act; United States. Indian Gaming Regulatory Act; Indian gaming -- Connecticut; Gambling on Indian reservations -- Connecticut; Trump Hotels and Casino Resorts Development Co., LLC. *Synopsis: (from the opinion) This action arises out of an alleged breach of contract by the defendants, the Paucatuck Eastern Pequot Tribal Nation (PEPs) and members of its tribal council, James L. Williams, Sr., James A. Cunha, Jr., Frances M. Young, Agnes E. Cunha, Gina Hogan, Christine C. Meisner, Brenda L. Geer, Raymond A. Geer and Eugene R. Young, Jr. (PEP councillors). The plaintiff, Trump Hotels and Casino Resorts Development Company, LLC (Trump), filed a nine-count complaint on June 24, 2003, alleging violations of Connecticut Unfair Trade Practices Act (CUTPA), General Statutes 42-110a et seq. (count one), intentional interference with contractual, economic and business relationships (count two), civil conspiracy and fraud (count three), default payment (count four), breach of contract (count five), and fraud as against defendant Young (count seven). As its remedies, the plaintiff seeks specific performance (count six), a prohibitive injunction (count eight) and a mandatory injunction (count nine). *Holding: not available In
re Lindsay Hortsmann Subjects: Parent and child (Law); Trials (Custody of children) -- Ohio; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Jurisdiction -- Transfer -- Cherokee Nation, Oklahoma; *Synopsis: Department of Job and Family Services petitioned for temporary custody of Native American child, alleging that child was dependent. The Court of Common Pleas, No. 04JN00563, adjudicated child as dependent, and mother appealed. *Holding: The Court of Appeals, Tuscarawas County,
Sheila G. Farmer, J., held that: In
re the Matter of A.D.L., J.S.L., C.L.L Subjects: Parent and child (Law); Trials (Custody of children) -- North Carolina; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Guardian and ward; Heritage; Indian children -- Abuse of. *Synopsis: Department of social services filed petition to terminate mother's parental rights to her children. The District Court, Guilford County, Wendy M. Enochs, J., granted petition. Mother appealed. *Holding: The Court of Appeals, Bryant, J., held that: Alaska
Inter-Tribal Council v. State of Alaska Subjects: Alaska Inter-Tribal Council; Alaska; Police services for Alaska Native villages; Law enforcement -- Alaska; Police, Rural -- Alaska; Alaska Native villages -- Off the road system; Constitutional law -- Alaska; Equality before the law -- Alaska; Constitutional law -- United States; Alaska. Dept. of Public Safety; Jurisdiction; Offenses against public safety -- Alaska -- Prevention; Alaska. Division of State Troopers; Resource allocation; Race discrimination. *Synopsis: Residents of "off-road," predominantly Alaska Native communities, sued the state for allegedly violating their federal and state rights to equal protection of the law by adopting a discriminatory system of law enforcement that favored communities on the state road system. The state moved for summary judgment, and the Superior Court, Third Judicial District, Dillingham, Sharon L. Gleason and Karen L. Hunt, JJ., granted the motion in favor of the state as to residents' federal equal protection claims of disparate impact and de jure discrimination, and as to residents' state equal protection claim. Residents appealed. *Holding: The Supreme Court, Eastaugh, J., held
that: State
of Washington v. Posenjak Subjects: Big game animals -- Washington; Hunting; Elk; Kittitas County (Wash.); Hunting rights; Treaty of Point Elliott (1855); Treaty rights; Snoqualmoo Tribe (Wash.); Snoqualmoo Tribe (Wash.)-- Members. *Synopsis: Defendant was convicted in a bench trial in the Superior Court, Douglas County, John Hotchkiss, J., of unlawful hunting of big game. Defendant appealed. *Holding: The Court of Appeals, Kurtz, J., held that: In
re the Matter of A.G., W.G., T.A., J.A. Subjects: Parent and child (Law); Trials (Custody of children) -- Montana; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Indian children -- Defined. *Synopsis: Following a hearing, the District Court, Fourth Judicial District, County of Missoula, Ed McLean, J., concluded that children were not "Indian children" under federal Indian Child Welfare Act (ICWA) and terminated mother's parental rights. Mother appealed. *Holding:
The Supreme Court, Brian Morris, J., held that absent conclusive determination
by Indian tribes that children were not members or were not eligible for membership
in tribes, mother's parental rights could not be terminated. In
re the Welfare of the Children of J.B. and G. A.-C., and T. F. Subjects: Parent and child (Law); Trials (Custody of children) -- Minnesota; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Fathers; Tribal membership; Evidence, Expert; Evidence (Law). *Synopsis: Department of Children and Family Services (DCFS) sought to terminate father's parental rights to Indian child in accordance with the Indian Child Welfare Act (ICWA). The District Court, Hennepin County, terminated parental rights. Father appealed. *Holding: The Court of Appeals, Poritsky, J., held that: In
re Jasmine G. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Notice (Law); Law -- California. *Synopsis: At selection and implementation hearing, the Superior Court, Orange County, No. DP008204, Dennis Keough, Temporary Judge, ordered termination of mother's parental rights with regard to her daughter. Mother appealed. *Holding:
The Court of Appeal, Bedsworth, Acting P.J., held that: State
of New Mexico v. Martinez Subjects: Drunk driving -- New Mexico; Suppression of evidence -- New Mexico; Cross-commissioned police -- New Mexico; Intergovernmental agreements -- Tribes -- New Mexico; Intergovernmental agreements -- New Mexico. *Synopsis: Defendant entered conditional guilty plea was convicted in the District Court, McKinley County, Joseph L. Rich, D.J., of driving while intoxicated (DWI). Defendant appealed denial of motion to suppress evidence. *Holding: The Court of Appeals, Pickard,
J., held that: Columbia
Falls Elementary School District No. 6 v. State Subjects: Public schools -- Finance -- Montana; Columbia Schools Elementary School District (Mont.); Montana School Boards Association; Montana Rural Education Association; School Administrators of Montana; Indian students; American Indian education; Constitutional law. *Synopsis:Coalition of schools, education groups, and parents brought action challenging administration and funding of state public school system, on state constitutional grounds. The District Court, First Judicial District, Lewis and Clark County, Jeffrey M. Sherlock, P.J., found that current system violated Public Schools Clause of state constitution. State appealed, and coalition cross-appealed. *Holding: The Supreme Court, W. William
Leaphart, J., held that: State
v. Debrah F. (In re the Termination of parental rights to Branden F.) Subjects: Parent and child (Law); Trials (Custody of children) -- Wisconsin; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Jurisdiction -- White Earth Band of Chippewa (Minn.); Instructions to juries -- Wisconsin. *Synopsis: (from the opinion) Debra F. appeals from an order terminating her parental rights to her son, Branden F., born October 20, 1998. She also appeals from an order denying her postdisposition motion. Debra claims: (1) the trial court erred when it denied the motion to transfer this termination case to the tribal court; (2) the trial court erred when it modified language from the Indian Child Welfare Act ("ICWA") in formulating jury instructions and the special verdict questions; and (3) her trial counsel provided ineffective assistance. Because each issue is resolved in favor of upholding the orders, this court affirms. *Holding: not available Kennewick
Public Hospital District v. Pollution Control Hearings Board Subjects: Washington (State). Dept. of Ecology; Water rights -- Columbia River; Nez Perce Tribe of Idaho; Umatilla Reservation, Confederated Tribes of the, Oregon; Yakama Indian Nation of the Yakima Reservation, Washington; Washington (State). Pollution Control Hearings Board; Kennewick Irrigation District (Wash.); Mercer Ranches; Kennewick Public Hospital District (Wash.); Salmon; Steelhead (Fish); Wildlife conservation; United States. National Marine Fisheries Service; United States. Endangered Species Act of 1973; Confederated Tribes of the Warm Springs Reservation, Oregon; Columbia River. *Synopsis: (from the opinion) The Department of Ecology (Ecology) approved five applications for surface water rights from the Columbia River. The Confederated Tribes of the Umatilla Indian Reservation (Umatilla Tribes), the Nez Perce Tribe, and the Yakama Nation appealed the approvals to the Pollution Control Hearings Board (PCHB). The PCHB reversed Ecology's approvals, finding it failed to adequately consult with the Indian tribes as required by WAC 173-531A-060 and WAC 173-563-020(4). The applicants, Kennewick Irrigation District (KID), Mercer Ranches (Mercer), and Kennewick Public Hospital District (KPHD), as well as Ecology, appeal. We affirm. *Holding: not available State
v. Nona M. (In re Brittany C.) Subjects: Parent and child (Law); Trials (Custody of children) -- Nebraska; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Jurisdiction -- Oglala Sioux Tribe of the Pine Ridge Reservation, South Dakota. *Synopsis: Numerous petitions were filed by Department of Health and Human Services (DHHS) alleging that mother's four children were neglected. Mother applied to enroll children in Indian tribe. Following children's enrollment in tribe, the tribe filed motions to intervene in these matters. Trial court and parties treated hearing on tribe's request to intervene as hearing on transfer of cases to tribal court. The County Court, Scotts Bluff County, G. Glenn Camerer, J., denied request to transfer jurisdiction to tribe. Mother appealed. *Holding:
The Court of Appeals, Cassell, J., held that: Hatcher
v. Harrah's NC Casino Company, LLC Subjects: Harrah's Cherokee Casino (N.C.); Casinos -- Eastern Band of Cherokee Indians of North Carolina; Prize money; Deception; Eastern Band of Cherokee Indians of North Carolina. Gaming Commission; Jurisdiction -- Jackson County (N.C.); United States. Indian Gaming Regulatory Act. *Synopsis: Patron of Indian tribe's casino brought action against management company, alleging that company had refused to pay a jackpot he won from gaming machine, and alleging company had engaged in unfair and deceptive trade practice and fraud. The District Court, Jackson County, Danny E. Davis, J., granted company's motion to dismiss based on lack of subject matter jurisdiction. Patron appealed. The Court of Appeals, 151 N.C.App. 275, 565 S.E.2d 241, reversed in part and remanded. On remand, the District Court, Jackson County, Richlyn D. Holt, J., again granted company's motion to dismiss for lack of subject matter jurisdiction. Patron appealed. *Holding:The Court of Appeals, Timmons-Goodson,
J., held that: In
re Welfare of the Children of J.B.
Subjects: Parent and child (Law); Trials (Custody of children) -- Minnesota; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Witnesses; Expert testimony; Tribal membership. *Synopsis: County sought to terminate parental rights of mother and father, who were Indian parent within the meaning of the Indian Child Welfare Act (ICWA) but from different tribes. The District Court, Hennepin County, terminated parental rights. Father appealed. *Holding:
The Court of Appeals, Poritsky, J., held that: In
re SNK: Northern Arapahoe Tribe v. The State of Wyoming Subjects: Parent and child (Law); Trials (Custody of children) -- Wyoming; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Northern Arapaho Tribe of the Wind River, Reservation, Wyoming; Northern Arapaho Tribe of the Wind River, Reservation, Wyoming -- Members; Foster home care. *Synopsis: Indian tribe filed motion to vacate foster care placement of Indian child with her ex-stepfather. The District Court, Park County, Hunter Patrick, J., deemed the motion denied based on inaction. Tribe appealed, and state filed motion to dismiss appeal as moot. *Holding:
The Supreme Court, Voigt, J., held that removal of child from custody
of her ex-stepfather and placement with her mother rendered tribe's appeal
moot. Francis
v. Dana-Cummings Subjects: Maine. Civil Rights Act; Trials (Trespass); Trials (Eviction); Jurisdiction -- Maine; Jurisdiction -- Tribal courts; Passamaquoddy Tribe of Maine; Pleasant Point Passamaquoddy Housing Authority (Me.); Maine. Indian Claims Settlement Act. *Synopsis: Tenant sued tribal housing authority to recover damages for an alleged illegal eviction, and brought separate action for the same relief against the housing authority's executive director. Actions were consolidated. The Superior Court, Washington County, Gorman, J., granted summary judgment in favor of executive director, but denied housing authority's motion for summary judgment. Housing authority and tenant appealed. *Holding:
The Supreme Judicial Court, Rudman, J., held that: Taylor, Costine,
and Carpenter v. Texas Department of Protective and Regulatory Services Subjects: Parent and child (Law); Trials (Custody of children) -- Texas; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Foster home care; Adoption; Grandparents. *Synopsis: Department of Protective and Regulatory Services brought action to terminate parental rights of out-of-wedlock child. The 146th District Court, Bell County, Gordon G. Adams, J., terminated parental rights, denied conservatorship to paternal grandmother, and awarded sole conservatorship to Department of Protective and Regulatory Services. Parents and grandmother appealed. *Holding: The Court of Appeals, Bob Pemberton,
J., held that: In
re Dependency of T.L.G. and C.L.G. Subjects: Parent and child (Law); Trials (Custody of children) -- Washington; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Notice (Law); Washington (State). Dept. of Social and Health Services; Indians of North America -- Washington (State) -- Services for. *Synopsis: State department of social and health services filed dependency petitions on two siblings, the younger of whom had special medical needs owing to disabilities suffered since birth. The Superior Court, Snohomish County, Richard J. Thorpe, J., terminated parental rights. Parents appealed. *Holding:
The Court of Appeals, Ellington, A.C.J., held that: Mattaponi
Indian Tribe v. Virginia Marine Resources Commission Subjects: Mattaponi Indian Tribe, Virginia; Virginia. Marine Resources Commission; Newport News (Va.); Intervention; Treaty rights -- Mattaponi Indian Tribe, Virginia; Water rights -- Mattaponi Indian Tribe, Virginia; Mattaponi River (Va.). *Synopsis: Indian tribe appealed decision by the Circuit Court, City of Newport News, Marc Jacobson, J., denying motion to intervene in dispute that City and Marine Resources Commission settled. *Holding:
The Court of Appeals, Richmond Kelsey, J., held that the settlement
rendered moot appellate review of earlier denial of tribe's motion for permissive
intervention. Unalachtigo
Band of the Nanticoke-Lenni Lenape Nation v. State Subjects: Unalachtigo Band of the Nanticoke Lenni-Lenape Nation; New Jersey; Indian reservations -- Shamong (N.J. : Township); Indian reservations -- Burlington County (N.J.); Nanticoke Indians -- Land tenure -- New Jersey; Indian land transfers -- New Jersey; Brotherton Indian Reservation (N.J.); Treaties – Interpretation and construction; Jurisdiction -- Burlington County (N.J.). *Synopsis: Native American group, claiming to be direct descendants of Native American tribe who lived on former reservation in New Jersey, and its tribal chairperson brought action against State and governor, seeking specific performance of colonial treaty that had barred the sale of the reservation land and prohibited non-Indians from settling on the reservation. The Superior Court, Chancery Division, Burlington County, dismissed complaint for lack of subject matter jurisdiction. Native American group and tribal chairperson appealed. *Holding:
The Superior Court, Appellate Division, Lefelt, J.A.D., held that: In
the Interest of L.C.L.-A. Subjects: Parent and child (Law); Trials (Custody of children) -- Iowa; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Iowa. Indian Child Welfare Act; Constitutional law. *Synopsis: (from the opinion) This appeal was initiated by a guardian ad litem following the juvenile court’s action in a combined adjudicational and dispositional order in a Child in Need of Assistance (CINA) proceeding which: a. rejected arguments by the guardian ad litem against the constitutionality of a portion of the Iowa Indian Child Welfare Act, Iowa Code section 232B.6 (Supp. 2003), providing for emergency removals of Indian children, and b. adopted the recommendation of the parties and the guardian ad litem regarding placement of the child involved. *Holding: not available In
re Noah B. Subjects: Parent and child (Law); Trials (Custody of children) -- Connecticut; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Law -- Connecticut. *Synopsis: (from the opinion) Because Noah B. is an Indian child, and because no appellate level decision yet addresses the interface of state and federal termination of parental rights law for such a child, this court has been called upon to assess the applicable adjudicatory and dispositional determinations aspects of Connecticut's TPR scheme; and also of the Indian Child Welfare Act (ICWA), 25 U.S.C. § 1901 et seq., as amended. The court finds no conflict between the state and federal provisions at issue. Accordingly, the court in reaching its decision herein, the court has applied both the statutory requirements of § 17a-112(j) and has further adhered to ICWA's requirements as set forth in 25 U.S.C. § 1912(d) and (f). Specifically, in addition to measuring the petitioner's compliance with Connecticut's TPR statutes, the court has also assessed whether she has presented evidence that establishes, "beyond a reasonable doubt including testimony of qualified expert witnesses, that the continued custody of the child by the parent of Indian custodian is likely to result in serious emotional or physical damage to the child." ......The court further finds that notwithstanding the respondent father's claim to the contrary, "ICWA does not require that [Connecticut's] statutory grounds for termination of parental rights be proven beyond a reasonable doubt. The ICWA does not preempt any state law grounds for termination of parental rights or impose a single burden of proof on all supporting findings in termination proceedings in which it applies. On the contrary, the ICWA expressly provides for continued viability of state laws that impose differing standards of protection to the rights of the parent or Indian." *Holding: not available Mann
v. ND Tax Commissioner Subjects: TEK Industries; Motor fuels -- Taxation -- North Dakota -- On Indian reservations; Excise taxes -- North Dakota -- On Indian reservations; North Dakota. Office of State Tax Commissioner; North Dakota. State Treasurer's Office; Tax collection -- North Dakota. *Synopsis: Native Americans brought action against Tax Commissioner and Treasurer for declaratory and injunctive relief against imposition of motor fuels taxes on them on their reservations. The Northwest Judicial District Court, Mountrail County, Gary A. Holum, J., issued permanent injunction against collection, dismissed all plaintiffs except one, and denied motions for reconsideration. Appeal and cross-appeal were taken. *Holding:
The Supreme Court, Kapsner, J., held that: In
re Brooke C. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Notice (Law); Family reunions. *Synopsis: The Superior Court of Los Angeles County, No. CK36633, Thomas E. Grodin, Commissioner, entered an order denying reunification services to mother as a chronic drug abuser. Mother appealed. *Holding: The Court of Appeal, Nott, Acting P.J., held that failure to comply with notice requirements of Indian Child Welfare Act (ICWA) was not jurisdictional and did not require reversal of order.
In
re A.N. Subjects: Parent and child (Law); Trials (Custody of children) -- Montana; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Abused Indian children; Indian children -- Members -- Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana; Sex offenders -- Montana. *Synopsis: The District Court, Thirteenth Judicial District, County of Yellowstone, Gregory R. Todd, J., terminated father's parental rights. Father appealed. *Holding:
The Supreme Court, W. William Leaphart, J., held that: Humes
v. Fritz Companies, Inc. Subjects: Parent and child (Law); Trials (Custody of children) -- Washington; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Notice (Law). *Synopsis:Crane operator brought personal injury action against truck driver and trucking company, after truck driver drove away before crane cable was detached from container that crane had loaded into truck. Accident took place on Indian reservation land, and crane operator was injured when he jumped from crane to avoid risking injury or death in a flipover of crane. On pretrial motions for summary judgment, the Superior Court, King County, Nicole Macinnes, J., ruled that the trier of fact could not allocate fault for crane operator's injury to Indian tribe, and that crane operator was not contributorily negligence. The jury returned a verdict in favor of crane operator, and defendants appealed. *Holding:
The Court of Appeals, Coleman, J., held that: In
re T.H. Subjects: Parent and child (Law); Trials (Custody of children) -- Oklahoma; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978. *Synopsis: State sought termination of mother's parental rights to three minor children. The District Court, Cleveland County, Stephen W. Bonner, J., granted termination. Mother appealed. *Holding:
The Court of Civil Appeals, Kenneth L. Buettner, P.J., held that: Cogger
v. County of Becker Subjects: Real property -- Taxation -- White Earth Band of Chippewa (Minn.); Ad valorem tax; Law -- Minnesota; Real property -- Defined; Prefabricated houses. *Synopsis: Taxpayers appealed assessment of ad valorem property tax on their property, including value of the land and value of manufactured home, which was located within boundaries of an Indian reservation. The Tax Court, Seventh Judicial District, Becker County, Sheryl A. Ramstad, J., held in favor of county. Taxpayers appealed by writ of certiorari. *Holding:
The Supreme Court, Meyer, J., held that county could apply state's
definition of real property, under which, taxpayers' manufactured home and
adjoining property located within boundaries of an Indian reservation would
properly be classified as real property for ad valorem tax purposes, to taxpayers'
property. In
the Matter of S.M.H. and In the Matter of L.M.H. Subjects: Parent and child (Law); Trials (Custody of children) -- Kansas; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978. *Synopsis: State filed petitions alleging that Native American children were children in need of care (CINC). A magistrate concluded that clear and convincing evidence supported determination that mother was unable to provide adequate care and control necessary for physical, mental, or emotional health of children. The District Court, Pottawatomie County, Tracy D. Klinginsmith, J., affirmed the magistrate's ruling. Mother appealed. *Holding:
The Court
of Appeals, Hill, P.J. held that: In
the Interest of J.S.B., Jr., and Concerning J.S.B., Sr. and O.L.J. Subjects: Parent and child (Law); Trials (Custody of children) -- South Dakota; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; United States. Adoption and Safe Families Act of 1997. *Synopsis: Following hearing on abuse and neglect proceedings, the Circuit Court, Seventh Judicial Circuit, Pennington County, Jeff W. Davis, J., terminated parental rights of both parents. Father appealed. *Holding:
The Supreme Court, Konenkamp, J., held that: Related News Stories: High court rules in Indian child-abuse case (Aberdeen News) 1/7/05 In
the Interest of M.H., L .U.H., W.H., Jr.,
L.S.H., and T.H., Concerning T.R.T., W.H., Sr., and M.M. Subjects: Parent and child (Law); Trials (Custody of children) -- South Dakota; Indian children -- Legal status, laws, etc.; Child welfare; United States. Indian Child Welfare Act of 1978; Oglala Sioux Tribe of the Pine Ridge Reservation, South Dakota; Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South Dakota. *Synopsis: State sought to terminate the parental rights of father and mother, who were Native American, and the Indian tribe intervened, after receiving notification of the matter as required by the Indian Child Welfare Act (ICWA). The Circuit Court, Second Judicial Circuit, Minnehaha County, Kathleen Caldwell, J., found that termination of parental rights was in the best interest of children. Mother, father, and tribe appealed. *Holding:
The Supreme Court, Gilbertson, C.J., held that attorney was not qualified
as an expert under the ICWA to testify in termination proceeding.
|
|
|
|
A service of the National Indian Law Library of the Native American Rights Fund Links to different months : January | February | March | April | May | June | July | August | September | October | November | DecemberA note about links used in this document Text highlighted in blue are links to information available on the Internet free of charge. Text highlighted in green are links to information available on Westlaw, for the convenience of those who have a Westlaw account. Please contact the National Indian Law Library if you need help obtaining legal documents. The National Indian Law Library and Native American Rights Fund are not affiliated with Westlaw. See www.westlaw.com for more information about the Westlaw legal databases. * Synopsis and holding provided under an agreement with Westlaw.com www.westlaw.com |
|