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Indian Law Bulletins | State Courts | Archives 2009 Dashiell v. State Subjects: not yet available *Synopsis: Children's services agency filed petition to terminate incarcerated father's parental rights to his children, one of whom was of Indian descent, for purposes of Indian Child Welfare Act (ICWA). The Superior Court, First Judicial District, Juneau, Patricia A. Collins, J., terminated father's parental rights. Father appealed. *Holding: The Supreme Court, Carpeneti, C.J., held that: In the Interest of J.J.C. Subjects: not yet available *Synopsis:Department of Family and Protective Services petitioned to terminate parent-child relationship between mother and her two minor children, who were believed to be of Native American ancestry. The 74th District Court, McLennan County, Gary R. Coley, J., granted petition upon jury determination that parent-child relationship should be terminated and that termination was in the children's best interest. Mother appealed. *Holding: The Court of Appeals, Tom Gray, C.J., held that: In the Matter of the parental rights as to N.J. Subjects: not yet available *Synopsis: Division of Child and Family Services (DCFS) brought action to terminate parental rights to child who was eligible for enrollment with Native American tribe. The Seventh Judicial District Court, White Pine County, Steve L. Dobrescu, J., terminated parental rights. Mother appealed. *Holding:The Supreme Court, Saitta, J., held that: Related News Stories: Supreme Court terminates Ely mother's parental rights after hearing appeal (The Ely Times) 12/30/09 McCraken v. Perdue Subjects: not yet available *Synopsis:Gaming company and its owners brought action for declaratory judgment after state banned video poker in state but carved out exception for federally recognized Indian tribes. The Superior Court, Wake County, Howard E. Manning, Jr., J., entered judgment on the pleadings for company and owners, and state appealed. *Holding: The Court of Appeals, Robert C. Hunter, J., held that: Related News Stories: N. Carolina appellate court upholds poker ban, Eastern Band Cherokee Gaming Compact (Turtle Talk) 12/22/09. Quinton v. Cherokee Nation Enterprises Subjects: not yet available *Synopsis: (from the opinion) The facts underlying this case are identical in all material respects to those of two published Court of Civil Appeals opinions, Hall v. Cherokee Nation, 2007 OK CIV APP 49, 162 P.3d 979, and Pales v. Cherokee Nation Enterprises, 2009 OK CIV APP 65, 216 P.3d 309. In those cases, the Court sustained dismissal of a claim filed in the Oklahoma workers' compensation court against a federally-recognized Indian tribe for lack of subject matter jurisdiction. *Holding: not yet available In re I.W. Subjects: not yet available *Synopsis: In dependency proceeding, the Superior Court, Santa Clara County, Nos. JD16971, JD16972, JD16973, terminated mother's parental rights to three children and selected adoption as permanent plan. Mother appealed. *Holding: The Court of Appeal, Premo, J., held that: State v. Guidry Subjects: not yet available *Synopsis: Defendant was convicted following bench trial in the Superior Court, Thurston County, Christine A Pomeroy, J., of first degree fish dealing without license, first degree fish trafficking without license, four counts of participation of non-Indian in Indian fishery for commercial purposes, and four counts of first degree commercial fishing without license. Defendant appealed. *Holding: The Court of Appeals, Houghton, J., held that: Superior Court v. Washington Subjects: not yet available *Synopsis: (from the opinion) The issue presented by this petition is whether provisions of the Indian Child Welfare Act apply in juvenile delinquency proceedings where the child is at risk of entering foster care, but where a termination of parental rights is not involved. *Holding: not yet available In re I.W. Subjects: not yet available *Synopsis: In dependency proceeding, the Superior Court, Santa Clara County, Nos. JD16971, JD16972 and JD16973, Kristine Mackin McCarthy, J., terminated mother's parental rights to three children and selected adoption as permanent plan. Mother appealed. *Holding: The Court of Appeal, Premo, J., held that:
In the Matter of S.F., C.G., and M.G. Subjects: not yet available *Synopsis: In deprived child action involving child and his two half-siblings, in which child's natural mother and his step-father were accused of depriving the three children as a result of domestic violence in the home, child's natural father filed motion to reconsider order transferring jurisdiction of case to Tribal Court. The District Court, Okfuskee County, David N. Martin, J., denied motion. Father appealed. *Holding: The Court of Civil Appeals, Kenneth L. Buettner, J., held that:
In re R.S. Subjects: not yet available *Synopsis: After parents executed a voluntary relinquishment of parental rights, the Superior Court, Del Norte County, No. JVSQ-07-6254, Robert W. Weir, J., involuntarily terminated their parental rights and granted a request by the child's foster parents to be designated as prospective adoptive parents. Mother and father appealed. *Holding: The Court of Appeal, Marchiano, P.J., held that: Knox v. State of Idaho Subjects: not yet available *Synopsis: (from the opinion) In a unanimous opinion issued today, the Idaho Supreme Court affirmed the district court's dismissal of this case. This case was an attempt to remove tribal video gaming machines from the Fort Hall Indian Casino on the Shoshone-Bannock Tribes Reservation. Wendy Knox and Richard Dotson appeal from an order dismissing their complaint, which asked for a declaratory judgment that Idaho Code sections 67-429B and 67-429C violate article III, section 20 of the Idaho Constitution. Idaho Code sections 67-429B and 67-429C were passed via ballot initiative as Proposition One in the November 2002 general election. Knox and Dotson claim that these code sections, which permit Indian tribes to conduct gambling using tribal video gaming machines and set forth the mechanism for tribes to amend their Tribal-State Gaming Compacts with the State of Idaho, violate the Idaho Constitution's prohibition on gambling within the State of Idaho. *Holding: not yet available In the Interest of J.L. Subjects: not yet available *Synopsis: (from the opinion) J.L., L.R., and S.G. appeal from the district court's ruling that they, through their attorney/guardian ad litem, could not object to the transfer of jurisdiction to a tribal court pursuant to Iowa Code section 232B.5 (2009). Because we find section 232B.5 violates the children's due process rights under the United States and Iowa Constitutions, we reverse and remand for further proceedings. *Holding: not yet available In re T.C., S.C., and H.C. Subjects: not yet available *Synopsis: Termination of parental rights proceeding was brought. The Court of Common Pleas, Lycoming County, Orphans' Court Division, No. 6080, Butts, terminated father's parental rights. Father appealed. *Holding: The Superior Court, No. 2017 MDA 2008, Freedberg, J., held that evidence was sufficient to terminate father's parental rights under Indian Child Welfare Act (ICWA). Affirmed. Oneida Indian Nation v. Hunt Construction Group, Inc. Subjects: not yet available *Synopsis: Indian tribe that owned casino and resort brought action against contractor for alleged breach of construction contract. Contractor asserted counterclaims for, inter alia, breach of implied warranties, quantum meruit, unjust enrichment, and account stated. Tribe moved to dismiss certain counterclaims. The Supreme Court, Onondaga County, Deborah H. Karalunas, J., denied motion in part. Tribe appealed. . *Holding: The Supreme Court, Appellate Division, held that subject matter jurisdiction did not exist over counterclaims for breach of implied warranties, quantum meruit, unjust enrichment, and account stated. Affirmed as modified.
The Tunica-Biloxi Tribe of Louisiana v. Blalock Subjects: not yet available *Synopsis: Tribe brought a possessory action, seeking tort damages for use and a determination as to the ownership of property, against defendants who allegedly entered the land and built a fence and culverts. The District Court, Parish of Avoyelles, No. 2005-8606-A, Mark A. Jeansonne, J., signed stipulated judgment awarding possession of disputed property to tribe. Damages issue remained pending. Subsequently, a resort and marina filed a petition of intervention, arguing it acquired a portion of the tract prior to tribe's filing of possessory action. Tribe filed an exception to intervention, asserting trial court lacked subject matter jurisdiction due to sovereign immunity, which was granted. The intervenor appealed. *Holding:The Court of Appeal, Amy, J., held that tribe's suit did not expressly waive its sovereign immunity to a claim brought by intervention. Affirmed.
State v. Cruz Subjects: not yet available *Synopsis: Defendant was convicted by jury in the District Court, McKinley County, Robert A. Aragon, J., of four counts of issuing a worthless check over $25, and she appealed. *Holding: The Court of Appeals, Fry, C.J., held that: Office of Haiwaiian Affairs v. Housing and Community Developement Corporation of Hawai'i Subjects: not yet available *Synopsis: Office of Hawai'ian Affairs (OHA), and native Hawai'ians, sued state and Housing and Community Development Corporation of Hawai'i (HCDCH), seeking to enjoin alienation of ceded lands from public lands trust. Following bench trial, the First Circuit Court, Sabrina S. McKenna, J., entered partial judgment for HCDCH. The Supreme Court, 177 P.3d 884, vacated and remanded with directions to grant injunctive relief, based on federal congressional resolution apologizing for role of United States in overthrowing Hawai'ian monarchy. State petitioned for a writ of certiorari. The United States Supreme Court, --- U.S. ----, 129 S.Ct. 1436, 173 L.Ed.2d 333, reversed and remanded. Following settlement of claims brought by all plaintiffs but one, the State filed motion to dismiss claims of remaining plaintiff. *Holding: The Supreme Court, Moon, C.J. held that: Hollywood Park Land Company, LLC v. Golden State Transportation Financing Corporation Subjects: not yet available *Synopsis: Objectors brought reverse validation action against California Infrastructure and Economic Development Bank (I-Bank) and an Indian gaming compact bond issuer, challenging the compact bonds and compact bond contracts. The Superior Court, Sacramento County, No. 06AS00166, Shelleyanne W.L. Chang, J., entered judgment on pleadings for defendants. Objectors appealed and defendants cross-appealed. *Holding: The Court of Appeal, Scotland, P.J., held that: In re J.B. Subjects: not yet available *Synopsis: In jurisdictional hearing in dependency proceeding, the Superior Court, Stanislaus County, Nos. 515312 & 515313, Nancy B. Williamsen, Commissioner, declared two Indian children dependents of the court and placed them with their father. Mother appealed. *Holding: The Court of Appeal, Kane, J., held that removal and placement with noncustodial parent did not require finding of likelihood of serious emotional or physical damage. In the matter of J.M. Subjects: not yet available *Synopsis: Department of Health and Human Services initiated proceedings to terminate mother's parental rights. The Eighth Judicial District Court, Cascade County, Kenneth R. Neill, J., terminated parental rights and mother appealed. *Holding: The Supreme Court, Brian Morris, J., held that: Sandy B. v. State Subjects: Parental rights -- Termination; Family reunification; Trials (Custody of children) -- Alaska; Evidence, Expert; United States. Indian Child Welfare Act of 1978. *Synopsis: Mother and father appealed orders of the Superior Court, Second Judicial District, Kotzebue, Richard H. Erlich, J., that terminated their parental rights under the Indian Child Welfare Act (ICWA). *Holding: The Supreme Court, Fabe, J., held that: State v. Eriksen Subjects: Drunk driving; Indian reservation police; Police pursuit driving; Traffic violations -- On or near Indian reservations. *Synopsis: Defendant, a non-Indian, who had been detained by a tribal police officer after pursuit beyond the reservation borders after being observed on the reservation driving at night with high beams and drifting across the center divider, was convicted in the Superior Court, Whatcom County, Leon F. Henley, Jr., of driving under the influence (DUI). Defendant appealed. *Holding: The Supreme Court, Sanders, J., held that: In the matter of B.B.A. Subjects: not yet available *Synopsis:After mother and father consented to Indian child's adoption by non-Indian parents, Indian tribe objected to the placement of child. The District Court, Oklahoma County, Larry A. Jones, J., placed child with adoptive parents. Indian tribe appealed. *Holding: The Court of Civil Appeals, Robert Dick Bell, P.J., held that
biological parents' preference for placement of Indian child with non-Indian
adoptive parents constituted good cause to deviate from the statutory placement preferences. Danielle A. v. State Subjects: Trials (Custody of children) -- Alaska; Mothers; Family reunification; United States. Indian Child Welfare Act of 1978. *Synopsis: In dependency case, the Office of Children's Services (OCS) petitioned to extend custody of Indian child for one year, and mother sought enforcement of prior order's reunification deadline. The Superior Court, Fourth Judicial District, Fairbanks, Robert B. Downes, J., denied mother's request and extended custody for six months. Mother appealed. *Holding: The Supreme Court, Christen, J., held that: State v. Davis Subjects: Criminal actions arising in Indian Country; Jurisdiction; Mille Lacs Band of Chippewa Indians. *Synopsis: Native American member of one band of tribe who was allegedly driving through Indian reservation of another band of the same tribe of which he was not a member was convicted in the District Court, Mille Lacs County, Steven P. Ruble, J., of speeding and failing to provide proof that he had insurance on his vehicle. Native American appealed. The Court of Appeals, 2008 WL 2726950, Toussaint, C.J., affirmed. Native American petitioned for review, which was granted. *Holding: The Supreme Court, Gildea, J., held that Native American was subject to state court's jurisdiction. In re J.O. Subjects: Family reunification; Parent and child (Law); Fathers; Paternity; Trials (Custody of children) -- California. *Synopsis: In jurisdictional and dispositional hearing, in dependency proceeding for three children who were detained from custody of their mother and stepfather, the Superior Court, Los Angeles County, No. CK73398, D. Zeke Zeidler, J., ruled that the children's alleged father was not their presumed father, but ordered reunification services for alleged father. Alleged father appealed. *Holding: The Court of Appeal, Manella, J., held that:
In re G.L. Subjects: Trials (Custody of children) -- California; Parental rights -- Termination; Guardianship; Grandparents; United States. Indian Child Welfare Act of 1978. *Synopsis: The Superior Court, San Diego County, No. EJ2718A, Gary M. Bubis, J., sustained allegations of dependency petition alleging that two-year-old Indian child was at substantial risk of harm because her parents had a history of substance abuse and domestic violence, and issued dispositional order placing child in foster home. Father appealed. *Holding: The Court of Appeal, Irion, J., held that: Welfare of the child S.L.J Subjects: not yet available *Synopsis: Private attorney who was appointed to represent indigent parent in termination of parental rights action petitioned for writ of mandamus, seeking order requiring County to pay his attorney fees and expenses. The District Court, Rice County, Thomas M. Neuville, J., granted petition, and ordered County to establish system by which court-appointed attorneys could seek compensation in child protection cases. County appealed. *Holding: The Court of Appeals, Johnson, J., held that:
In re Interest of Louis S. Subjects: Indian children; Foster care placement; Parental rights -- Termination; Jurisdiction; United States. Indian Child Welfare Act of 1978. *Synopsis: Father appealed, and mother cross-appealed, order of the Separate Juvenile Court, Douglas County, Elizabeth Crnkovich, J., terminating their parental rights to their children. *Holding: The Court of Appeals, Sievers, J., held that: In re Melissa R. Subjects: Developmentally disabled--Institutional care; Dependents -- Care; United States. Indian Child Welfare Act of 1978. *Synopsis: In dependency proceeding involving 20-year old woman with severe developmental disabilities, the Superior Court, Alameda County, No. J147902, Nancy Lonsdale, Commissioner, ordered placement in group home and terminated dependency jurisdiction. Mother appealed. *Holding: The Court of Appeal, Siggins, J., held that claim that county social services agency failed to comply with Indian Child Welfare Act (ICWA) was moot, as 20-year old woman would not be an “Indian child” subject to ICWA proceedings if the challenged orders were reversed. Garcia v. Gutierrez Subjects: Criminal actions arising in Indian Country (U.S.); Criminal jurisdiction; Fee lands; Pueblo of Pojoaque, New Mexico. *Synopsis: Non-Indian mother brought divorce action in state court, and Indian father followed with a parallel action in tribal court. The District Court, Santa Fe County, Barbara J. Vigil, D.J., entered divorce decree and a partial final order finding it had subject matter jurisdiction over child-custody issues. Father appealed. The Court of Appeals, 144 N.M. 761, 192 P.3d 275, reversed the portion of order regarding child custody. *Holding: After granting mother's petition for writ of certiorari, the Supreme ZDI Gaming, Inc. v. State Subjects: Gambling -- Equipment and supplies; Jurisdiction; Indian gaming; ZDI Gaming, Inc.; Washington State Gambling Commission. *Synopsis: Licensed gaming supply distributorship appealed from final declaratory order of State Gambling Commission denying its application for permission to distribute electronic pull-tab machine incorporating cash card technology, which order upheld in part the conclusions of F. Neil Gorrell, Administrative Law Judge. The Superior Court, Pierce County, Bryan Chushcoff, J., transferred venue for the appeal. The Superior Court, Thurston County, Christine A. Pomeroy, J., overruled the Commission's order, remanded, and awarded attorney fees to distributorship. Commission appealed and distributorship cross-appealed. *Holding: The Court of Appeals, Quinn-Brintnall, J., held that: In re B.R. Subjects: Parental rights -- Termination; Parent and child (Law); Trials (Custody of children) -- California; Heritage; Tribal membership; United States. Indian Child Welfare Act of 1978. *Synopsis: County Department of Health and Human Services filed petition alleging jurisdiction over children. Following a contested hearing, the Superior Court, Marin County, Nos. JV2131A and JV24132A, Mary T. Grove, Commissioner, ordered termination of parental rights, and mother appealed. *Holding: The Court of Appeal, Margulies, J., held that: State of New Mexico v. Arnold Atcitty Subjects: Sex offenders; Sex crimes; Courts -- New Mexico; Criminal jurisdiction; Navajo Nation, Arizona, New Mexico & Utah; New Mexico. Sex Offender Registration and Notification Act. *Synopsis: The State charged defendants, who were enrolled members of an Indian tribe who had also been convicted in federal court of sex crimes, of failure to register as sex offenders, and defendants filed motions to dismiss for lack of jurisdiction. The District Court, San Juan County, John A. Dean, D.J., denied the motions, and the defendants entered conditional guilty pleas that reserved their rights to appeal the jurisdictional issues. Defendants appealed. *Holding: The Court of Appeals, Bustamante, J., held that the State lacked authority to require defendants to comply with state sex offender registration laws. Reversed. M.S. v. O.S. Subjects: Paternity -- California -- Cases; Child support -- California; Income. *Synopsis: Mother brought action to establish paternity and child support. After genetic testing confirmed paternity, the Superior Court, San Diego County, No. ED72626, Maureen F. Hallahan, J., entered child support order, and father appealed. *Holding: The Court of Appeal, McConnell, P.J., held that: Neal v. State Subjects: Parental rights -- Termination; Abused Indian children; Parent and child (Law); Mothers; United States. Indian Child Welfare Act of 1978. *Synopsis: Office of Children's Services (OCS) filed petition to terminate Indian father's and mother's parental rights to their five eldest children. Following a trial, the Superior Court, Third Judicial District, Anchorage, Sharon Gleason, J., terminated parental rights, and parents appealed termination of mother's parental rights. *Holding: The Supreme Court, Eastaugh, J., held that: In the matter of J.S. B. Subjects: Parent and child (Law); Adoption; Trials (Custody of children) -- Oregon; United States. Indian Child Welfare Act of 1978. *Synopsis: In child dependency proceeding involving mother's two children, the Circuit Court, Jackson County, changed the permanency plan from guardianship to adoption, then later changed the permanency plan from adoption to guardianship. Mother appealed. *Holding: The Court of Appeals, Edmonds, P.J., held that trial court judgment, which changed the permanency plan for child from guardianship to adoption, failed to comply with statute which required the court to explain why it was not choosing to terminate parental rights and was instead seeking guardianship. Viejas Band of Kumeyaay Indians v. Lorinsky Subjects: Breach of contract; Fraud; Negligence; Viejas (Baron Long) Group of Capitan Grande Band of Mission Indians of the Viejas Reservation, California; Connecticut. Unfair Trade Practices Act. *Synopsis: Indian tribe brought action against life and health insurance broker, and broker's employer for breach of contract, breach of fiduciary duty, negligence, misrepresentation, fraud and violation of the Connecticut Unfair Trade Practices Act (CUPTA). Following a jury trial, the Superior Court, Judicial District of New London, Seymour L. Hendel, Judge Trial Referee, entered judgment for tribe in the amount of $916,933.98. Broker appealed. *Holding: The Appellate Court, Robinson, J., held that: In re Interest of Leslie S. Subjects: Juvenile courts; Tribal courts; Jurisdiction; Omaha Tribe of Nebraska; United States. Indian Child Welfare Act of 1978. *Synopsis: In juvenile proceedings involving Indian children, father filed motion to transfer case to tribal court. The Separate Juvenile Court, Lancaster County, Reggie L. Ryder, J., denied motion. Father appealed. *Holding: The Court of Appeals, Moore, J., held that good cause supported denial Affirmed. Askinuk Corporation v. Lower Yukon School District Subjects: Land -- Leases; Right of property; Askinuk Corporation (formerly the Native Village of Scammon Bay); Lower Yukon School District (Alaska). *Synopsis: Native village corporation brought action against school district seeking to reform or invalidate a lease of property to school district for one dollar per year. The Superior Court, Third Judicial District, Bethel, Leonard R. Devaney III, J., awarded summary judgment to school district. Corporation appealed. *Holding: The Supreme Court, Eastaugh, J., held that: Jon S. v. State Subjects: Parent and child (Law); Parental rights -- Termination; Trials (Custody of children) -- Alaska; United States. Indian Child Welfare Act of 1978. *Synopsis: Father appealed from decision of the Superior Court, Third Judicial District, Kenai, Anna Moran, J., finding his daughter, an Indian child under the Indian Child Welfare Act (ICWA), to be a child in need of aid and terminating his parental rights. *Holding: The Supreme Court, Eastaugh, J., held that: In the matter of the welfare of the children of: R.A. J., D.W. A., and L.L. F. Subjects: United States. Indian Child Welfare Act of 1978; Child welfare; Jurisdiction; Tribal courts; Leech Lake Band of Chippewa Indians; Sovereign immunity. *Synopsis: County Human Services filed a petition for child in need of protection or services (CHIPS) regarding Indian children. The District Court, Beltrami County, Paul Benshoof, J., vacated an order transferring child-welfare proceeding from the District Court to the Tribal Court after the District Court determined that the transfer was procured through misrepresentations, and Indian tribe appealed. *Holding: The Court of Appeals, Kalitowski, J., held that District Court had
jurisdiction to vacate its order, transferring child-welfare proceeding to the jurisdiction of the tribal court, and the District Court did not abuse its discretion in vacating the transfer order on ground of misrepresentation.
David Martinez v. Cities of Gold Casino Pojoaque Pueblo, Food Industries Self-insurance Fund Subjects: Workers' compensation; Employees--Dismissal of; Pojoaque Gaming Inc.; Pueblo of Pojoaque, New Mexico; Sovereign immunity. *Synopsis: Employer filed claim against tribe casino employer, other tribal entities, and employer's workers' compensation carrier for workers' compensation benefits. The Workers' Compensation Administration awarded benefits. Employee and witness then pursued claims for retaliation against same tribe defendants based on claims that their gaming licenses were revoked, which resulted in their termination from employment, in retaliation. The Workers' Compensation Administration, Gregory Griego, J., 2008 WL 867718, dismissed witness' claims, dismissed claims against tribal entities for lack of subject matter jurisdiction, determined that employer had terminated employee in retaliation for having filed workers' compensation claim, imposed penalty against employer and awarded attorney fees, but denied employee's request for reinstatement. Employee appealed. *Holding: The Court of Appeals, Vanzi, J., held that:
In re T.S. Subjects: Parent and child (Law); Parental rights -- Termination; Adoption; Trials (Custody of children) -- California; United States. Indian Child Welfare Act of 1978. *Synopsis: Dependency petition was filed, and Indian Tribe filed notice of intervention. The allegations in the petition were sustained, and matter was transferred. The Superior Court, Sacramento County, No. JD223652, Scott P. Harman, J., ordered a permanent plan of adoption and terminated parental rights, and father appealed. *Holding: The Court of Appeal, Sims, Acting P.J., held that evidence supported decision to reject Tribe's proposed permanent plan of guardianship and to order permanent plan of adoption and termination of parental rights. Cayuga Indian Nation of New York v. Cayuga County Sheriff David S. Gould and Seneca County Sheriff Jack S. Stenberg Subjects: Cigarettes -- Taxation -- New York (State); Sales tax -- Indian Country (U.S.); Cayuga Nation of New York. *Synopsis: (from the opinion) This appeal presents two primary substantive issues for our consideration. First, we must determine whether Tax Law § 471-e (as amended by L 2005, ch 61, part K, § 2; ch 63, part A, § 4) provides the exclusive means by which to tax cigarette sales on an Indian reservation to non-Indians or to Indians who are not members of that nation or tribe where the reservation is located (hereafter, non-member Indians), or whether Tax Law § 471 provides an independent basis for imposing a tax on such sales. Second, we must determine whether plaintiff's two convenience stores are located within a “ ‘[q]ualified reservation’ “ as that term is defined in Tax Law § 470(16)(a) (as amended by L 2005, ch 61, part K, § 1). We agree with plaintiff with respect to both issues, i.e., that section 471-e is the exclusive means for taxing such cigarette sales and that plaintiff's two stores are located within a qualified reservation. We therefore conclude that the judgment of Supreme Court ( Cayuga Indian Nation of N.Y. v. Gould, 21 Misc.3d 1142[A], 2008 N.Y. Slip Op 52478[U] ) should be reversed. *Holding: not yet available Theresa BB. v. Ryan DD. Subjects: Trials (Custody of children); Indian children; Grandparents; Adoption; Parental rights -- Termination. *Synopsis: Children's maternal grandmother filed application for custody of her Native American grandchildren. The Family Court, St. Lawrence County, Potter, J., dismissed the application, and grandmother appealed. *Holding: The Supreme Court, Appellate Division, Mercure, J.P., held that grandmother had no special right to custody of her Native American grandchildren that would allow her to override the right of the natural parent to surrender the child to a public agency and to confer on it the right to consent to the adoption of the children nor was she entitled to override a decision by tribal agency to place the children for adoption with adoptive parents to be selected by the agency. Alexander v. Hart Subjects: Civil actions arising in Indian Country (U.S.); Civil jurisdiction. *Synopsis: Service technician brought action against property owner, seeking to recover damages for injuries he sustained when he fell while working on a rooftop heating, ventilation, and air conditioning unit. The Supreme Court, Franklin County, Demarest, J., granted partial summary judgment in favor of technician on the issue of liability. Owner appealed. *Holding: The Supreme Court, Appellate Division, Kane, J., held that: Oberloh v. Johnson Subjects: Tribes -- Officials and employees -- Cases; Libel and slander; Sovereign immunity; Privileges and immunities. *Synopsis: Alleged shareholders of finance company filed individual actions against tribal treasurer alleging financial newsletters sent by treasurer to tribal members were defamatory. The District Court, Redwood County, Leland Bush, J., denied treasurer's motions for summary judgment. Treasurer appealed, and the appeals were consolidated. *Holding: The Court of Appeals, Muehlberg, J., held that treasurer was acting within scope of his authority when he sent financial newsletters, and thus tribal sovereign immunity barred the actions. People ex rel. J.I.H. Subjects: Parental rights -- Termination; Parent and child (Law); Trials (Custody of children) -- South Dakota; United States. Indian Child Welfare Act of 1978; South Dakota. Dept. of Social Services. *Synopsis: The Department of Social Services (DSS) filed a petition to terminate father's parental rights to his two Indian children. The Circuit Court of the Seventh Judicial Circuit, Pennington County, Janine M. Kern, J., terminated parental rights. Father appealed. *Holding: The Supreme Court, Severson, J., held that: Pales v. Cherokee Nation Enterprises Subjects: Workers' compensation; Jurisdiction; Sovereign immunity; Tribal law drafting; Cherokee Nation, Oklahoma; Cherokee Nation Enterprises (Okla.); Hudson Insurance Company. *Synopsis: Tribal employee commenced proceeding for review an order of the Workers' Compensation Court, Michael J. Harkey, J., which dismissed his claim for compensation based on lack of jurisdiction. *Holding: The Court of Civil Appeals, Kenneth L. Buettner, J., held that tribal
employer had not waived its sovereign immunity for workers' compensation matters.
Affirmed. In re Tamika R. Subjects: Trials (Custody of children) -- Rhode Island; Parent and child (Law); Abused Indian children; United States. Indian Child Welfare Act of 1978; Rhode Island. Dept. of Children, Youth & Families. *Synopsis: The Department of Children, Youth and Families (DCYF) brought action against both parents of an infant, citing allegations of dependency and neglect. The Family Court decree found child to be dependent, and committed her to the care, custody, and control of the DCYF, with discretion as to placement. Father appealed. *Holding: The Supreme Court, Suttell, J., held that error was not harmless in failing to adhere to mandatory expert testimony requirements of ICWA. Griffith v. Choctaw Casino of Pocola Subjects: Torts; Negligence; Damages; Choctaw Casino of Pocola; Sovereign immunity -- Indian business enterprises. *Synopsis: Casino patron who was struck and injured by a shuttle cart while walking through a casino's parking lot brought negligence action against Native American tribe and its casino to recover damages. The District Court dismissed action on basis of tribal sovereign immunity. The Court of Civil Appeals reversed and remanded. Casino petitioned for certiorari review. *Holding: The Supreme Court held that: Dye v. Choctaw Casino of Pocola Subjects: Torts; Negligence; Damages; Choctaw Casino of Pocola; Sovereign immunity -- Indian business enterprises. *Synopsis: Casino patron who was struck and injured by a shuttle cart while walking through a casino's parking lot brought negligence action against Native American tribe and its casino to recover damages. The District Court dismissed action on basis of tribal sovereign immunity. The Court of Civil Appeals reversed and remanded. Casino petitioned for certiorari review. *Holding: The Supreme Court held that: In re Vaughn R. Subjects: Parental rights -- Termination; Trials (Custody of children) -- Wisconsin; Parent and child (Law); United States. Indian Child Welfare Act of 1978. *Synopsis: County filed petition for involuntary termination of father's parental rights to Indian child. After jury answered special verdict questions and a dispositional hearing was held, The Circuit Court, Monroe County, Michael J. Rosborough, J., ordered termination of rights. Father appealed. *Holding: The Court of Appeals, Vergeront, J. held that: In re interest of Elias L. Subjects: Trials (Custody of children) -- Nebraska; Ponca Tribe of Nebraska; United States. Indian Child Welfare Act of 1978. *Synopsis:Department of Health and Human Services filed petitions alleging that two Indian children were children in need of assistance. Indian tribe moved to intervene. The County Court, Dakota County, Kurt Rager, J., denied the motion to intervene because an attorney had not signed the motion. Tribe appealed. *Holding: The Supreme Court, Connolly, J., held that requirement that an Indian tribe be represented by a Nebraska licensed attorney in accord with state statute governing unauthorized practice of law is preempted in context of state court child custody proceedings under the federal and state Indian Child Welfare Act. Reversed and remanded. Guzman v. Laguna Development Corp Subjects: not yet available *Synopsis: Parents of casino employee brought wrongful death and loss of consortium action against Indian casino, gift shop supervisor, and casino's insurer arising out of the death of employee in a motor vehicle accident on his way home from work at casino gift shop. The District Court, Bernalillo County, Theodore Baca, D.J., dismissed and granted summary judgment in favor of casino, insurer, and supervisor, and parents appealed. *Holding: The Court of Appeals, Michael D. Bustamante, J., held that: K.P. v. V.M. Subjects: Parent and child (Law); Parental rights -- Termination; Trials (Custody of children) -- California; United States. Indian Child Welfare Act of 1978. *Synopsis: In a child dependency proceeding, the Superior Court, Placer County, Nos. 53000837, 53000838, and 530001831, John Ross, Commissioner, terminated mother's parental rights to two children, and set adoption as permanent placement goal for one of them. Mother and father appealed. *Holding: The Court of Appeal, Sims, Acting P.J., held that notice that mother was a member of a tribe that was not federally recognized did not give rise to Indian Child Welfare Act (ICWA) notice obligation. In the matter of the parental rights as to L.D.G., a minor v. A Child's Dream of Nevada Subjects: Trials (Custody of children) -- Nevada; Indian children; Parental rights -- Termination; Cherokee Nation, Oklahoma; Jurisdiction. *Synopsis: (from the opinion) This appeal concerns appellant Cherokee Nation's assertion that the district court lacked subject matter jurisdiction to adjudicate a child custody proceeding involving an Indian child. Specifically, this case arises from a district court order denying Cherokee Nation's motion to invalidate and dismiss the termination of parental rights proceedings. *Holding: not yet available State ex rel Dewberry v. Kulongoski Subjects: Casinos -- Oregon; Indian gaming; Intergovernmental agreements. *Synopsis: Residents near site of proposed casino brought action as relators for a writ of mandamus, challenging the Governor's authority to enter into a gaming compact with tribes, under which they would be permitted to open a casino. The Circuit Court, Lane County, dismissed the petition, and residents appealed. The Court of Appeals, 187 P.3d 220, reversed and remanded, and the State appealed. *Holding: The Supreme Court, De Muniz, C.J., held that: State v. Kulongoski Subjects: Casinos -- Oregon; Indian gaming; Intergovernmental agreements. *Synopsis: Residents near site of proposed casino brought action as relators for a writ of mandamus, challenging the Governor's authority to enter into a gaming compact with tribes, under which they would be permitted to open a casino. The Circuit Court, Lane County, dismissed the petition, and residents appealed. The Court of Appeals reversed and remanded, and the State appealed. *Holding: The Supreme Court, De Muniz, C. J., held that: State of New Mexico ex rel. children, youth, and families department v. Marlene C. Subjects: Child abuse; Abused Indian children; Foster care placement; United States. Indian Child Welfare Act of 1978. *Synopsis: Mother appealed from decision of the District Court, McKinley County, Louis E. DePauli, Jr., D.J., adjudicating child neglected. *Holding: The Court of Appeals, Castillo, J., held that: In the Matter of T.W.F. and A.R.M. Subjects: Parent and child (Law); Parental rights -- Termination; Trials (Custody of children) -- Montana; United States. Indian Child Welfare Act of 1978. *Synopsis: Mother appealed from decision terminating parental rights, and the Supreme Court remanded proceeding for compliance with tribal notice and filing requirements of Indian Child Welfare Act (ICWA). Following hearing on remand, the District Court, First Judicial District, Lewis and Clark County, Thomas C. Honzel, P.J., entered order terminating parental rights. Mother appealed. *Holding: The Supreme Court, Mike McGrath, C.J., held that: Ho-Chunk Nation v. Wisconsin Department of Revenue Subjects: Cigarettes -- Taxation -- Wisconsin; Cigarettes -- Sales -- On trust lands; Ho-Chunk Nation of Wisconsin; Wisconsin. Dept. of Revenue. *Synopsis: Native American tribe appealed from decision of Tax Appeals Commission affirming Department of Revenue's denial of tribe's claim for partial refund of cigarette taxes in respect to sales on reservations or trust lands. The Circuit Court, Dane County, Sarah B. O'Brien, J., affirmed. Tribe appealed. The Court of Appeals, 312 Wis.2d 484, 754 N.W.2d 186, 2008 WI App 95, affirmed. Tribe petitioned for review. *Holding: The Supreme Court, N. Patrick Crooks, J., held that: Related News Stories: Court nixes Ho-Chunk's bid for cigarette tax refund (Madison Wisconsin Capital Times) 6/16/09 In re Trever I Subjects: Parent and child (Law); Parental rights -- Termination; Trials (Custody of children) -- Maine; United States. Indian Child Welfare Act of 1978. *Synopsis: The Department of Health and Human Services filed a petition to terminate father's parental rights. The District Court, Lewiston County, Beliveau, J., terminated parental rights. Father appealed. *Holding: The Supreme Judicial Court, Alexander, J., held that: Los Angeles County Department of Children and Family Services v. G.B. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination. *Synopsis:The Superior Court, Los Angeles County, No. CK32389, Randolph Hammock, Referee, terminated parental rights. Parents appealed, and the Court of Appeal issued a stipulated order reversing for purposes of perfecting Indian Child Welfare Act (ICWA) notice. The Superior Court reinstated its prior order terminating parental rights. Parents appealed. *Holding: The Court of Appeal, Epstein, P.J., held that: Meherrin Indian Tribe v. Lewis Subjects: Sovereign immunity -- Meherrin Indian Tribe. *Synopsis: Indian tribe and alleged tribal office holders brought action against purported former office holders to quiet title, and seeking declaratory and injunctive relief. The Superior Court, Hertford County, Cy A. Grant, Sr., denied defendants' pre-answer motion to dismiss for lack of subject matter and personal jurisdiction, and for failure to state claim, and certified its order for immediate appeal. Defendants appealed, and plaintiffs moved to dismiss appeal as interlocutory and premature. *Holding: The Court of Appeals, Robert N. Hunter, Jr., J., held that: Smale v. Noretep Subjects: Quiet title actions; Adverse possession; Sovereign immunity -- Stillaguamish Tribe of Washington. *Synopsis: Putative landowners brought action against current landowners and Stillaguamish Tribe, seeking to quiet title to property allegedly obtained through adverse possession. The Superior Court, Snohomish County, Michael T. Downes, J., denied tribe's motion to dismiss. Tribe appealed. *Holding: The Court of Appeals, Agid, J., held that superior court's continuing jurisdiction over land for purposes of determining ownership did not offend tribal sovereignty. Related News Stories: Washington Court of Appeals limits tribal sovereign immunity in land cases (Northwest Indian Law & Business Advisor) 6/3/09. N.M v. R.M Subjects: Juvenile delinquency; Guardian and ward; Kinship care; Foster care placement; United States. Indian Child Welfare Act of 1978. *Synopsis: County Department of Health and Human Services filed juvenile dependency petition. The Superior Court, Sacramento County, No. JD222277, Marlene E. Hertoghe, Juvenile Court Referee, set a permanent plan of legal guardianship and appoint nonrelative, rather than paternal grandmother, as minor's legal guardian. Father appealed. *Holding: The Court of Appeal, Raye, J., held that: State v. Seneca-Cayuga Tobacco Company Subjects: Tobacco -- Sales -- North Carolina; Sovereign immunity -- Indian business enterprises; Seneca-Cayuga Tobacco Company. *Synopsis: State brought action against tribal tobacco companies, seeking preliminary and permanent injunctions requiring them to pay into escrow fund and file a certificate of compliance, and seeking an order prohibiting them from selling or delivering tobacco products in North Carolina for two years. Companies filed motion to dismiss. The Superior Court, Wake County, Orlando F. Hudson, Jr., J., granted the motion to dismiss, and state appealed. *Holding: The Court of Appeals, Ervin, J., held that: Luger v. Luger Subjects: Parent and child (Law); Trials (Custody of children) -- North Dakota; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination; Notice (Law); Family reunification; Foster care placement. *Synopsis: The Superior Court, Riverside County, No. RIJ102213, Bradley O. Snell, Temporary Judge, terminated parents' rights to three children. Parents appealed, and the Court of Appeal reversed and remanded for compliance with Indian Child Welfare Act (ICWA), 2006 WL 3516166. On remand, the Superior Court refused to vacate order placing children in foster care, terminated parental rights, and adopted permanent plan of adoption by children's current caretakers. Parents appealed. *Holding: The Court of Appeal, McKinster, J., held that: In re K.B. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination; Family reunification. *Synopsis: The Superior Court, Riverside County, No. RIJ102216, Bradley O. Snell, Temporary Judge, terminated parents' rights to three children. Parents appealed, and the Court of Appeal reversed and remanded for compliance with Indian Child Welfare Act (ICWA). On remand, the Superior Court refused to vacate order placing children in foster care, terminated parental rights, and adopted permanent plan of adoption by children's current caretakers. Parents appealed. *Holding: The Court of Appeal, McKinster, J., held that: State of New Mexico v. Marlene Subjects: not yet available *Synopsis: (from the opinion) Mother appeals from an adjudication of neglect. Mother is a member of the Navajo Nation, and the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-1963 (2006), applies to Child. Although the parties to this case agree that ICWA does apply, they disagree about its specific application to issues of preservation and evidentiary requirements. We hold that under the circumstances of this case, ICWA permits Mother to challenge on appeal the sufficiency of the evidence presented at the adjudicatory hearing, and we further hold that the Children, Youth, and Families Department (Department) did not provide sufficient evidence to satisfy the requirements of ICWA. Accordingly, we reverse the adjudication of neglect and remand for further proceedings. *Holding: not yet available Roland L. v. State of Alaska, Office of Children's Health Services Subjects: Parent and child (Law); Trials (Custody of children) -- Alaska; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination; Family reunification. *Synopsis: The Office of Children's Services (OCS) petitioned to terminate father's parental rights to Indian child. The Superior Court, Third Judicial District, Anchorage, Craig F. Stowers, J., terminated parental rights. Father appealed. *Holding: The Supreme Court, Carpeneti, J., held that clear and convincing evidence established that the OCS made the statutorily required active efforts to reunify father with child, in termination of parental rights case. In the Interest of M.F. Subjects: Parent and child (Law); Trials (Custody of children) -- Kansas; Child welfare; United States. Indian Child Welfare Act of 1978; Child in need of aid; Law -- Kansas -- Application. *Synopsis: State filed a child in need of care (CINC) petition and sought custody of child. The child, who was discovered to have Native American heritage, was adjudicated a CINC, and state filed subsequent motion to terminate mother's parental rights. Mother's motion to transfer jurisdiction to tribal court was denied. The District Court, Johnson County, Kathleen Sloan, J., entered order terminating parental rights. Mother appealed. *Holding: The Court of Appeals, Rulon, C.J., held that: People In the Interest of N.D.C. Subjects: Parent and child (Law); Trials (Custody of children) -- Colorado; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination; Notice (Law). *Synopsis: Mother appealed order of the Juvenile Court, City and County of Denver, Karen M. Ashby, J., terminating her parent-child legal relationship with her daughter. *Holding: The Court of Appeals, Roman, J., held that: Department of Human Services v. K.C.J. Subjects: Parent and child (Law); Trials (Custody of children) -- Oregon; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination; Family reunification. *Synopsis: The Department of Human Services (DHS) petitioned to terminate mother and father's parental rights to Indian children. The Circuit Court, Douglas County, Ronald Poole, J., terminated parental rights. Father appealed. *Holding: The Court of Appeals, Landau, P.J., held that: In the Interest of A.L.S. Jr. Subjects: Parent and child (Law); Trials (Custody of children) -- Iowa; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination; Desertion and non-support. *Synopsis: (from the opinion) April argues the State failed to prove the grounds for termination by clear and convincing evidence. Under section 232.116(1)(b), parental rights may be terminated if the court finds by clear and convincing evidence that the child has been abandoned or deserted. April contends the evidence does not show that she had given up on parenting A.L.S. or that she had any intention of doing so. She claims there was merely a problem in making contact because of missed telephone calls. *Holding: not yet available Magnan v. State Subjects: Criminal actions arising on Indian reservations; Indian Country (U.S.) -- Defined; Jurisdiction -- Oklahoma; Trials (Murder). *Synopsis:Defendant pled guilty in the District Court, Seminole County, George Butner, J., to three counts of first degree murder and one count of shooting with intent to kill. Defendant was sentenced to death on each of the murder counts and to a term of life imprisonment on the remaining count. *Holding: Upon mandatory sentence review, the Court of Criminal Appeals, A. Johnson, V.P.J., held that: Ben M. v. State of Alaska, Department of Health and Social Services, Office of Children's Services Subjects: not yet available *Synopsis: Father appealed from decision of the Superior Court, Third Judicial *Holding: The Supreme Court, Carpeneti, J., held that: Lozeau v. Geico Indeminity Co. Subjects: Negligence; Jurisdiction -- Montana; Jurisdiction -- Confederated Salish & Kootenai Tribes of the Flathead Reservation, Montana; Traffic accidents -- On Indian reservations -- Confederated Salish & Kootenai Tribes of the Flathead Reservation, Montana; Confederated Salish & Kootenai Tribes of the Flathead Reservation, Montana -- Members; Non-members of a tribe; Personal injuries -- Cases. *Synopsis: Plaintiff motorist, who previously had filed negligence complaint in the Tribal Court, brought action against defendant motorist and insurer in the District Court, alleging that defendant motorist's negligence caused automobile accident. The District Court, 20th Judicial District, Lake County, C.B. McNeil and Deborah Kim Christopher, P.JJ., dismissed the complaint, and plaintiff motorist appealed. *Holding: The Supreme Court, Jim Rice, J., held that: Havasupai Tribe of the Havasupai reservation v. Arizona Board of Regents Subjects: *Synopsis: Indian tribe and individual members filed actions alleging state and federal claims against Arizona Board of Regents and others in connection with alleged misuse of members' blood samples. Following removal of actions to federal court, dismissal of federal claims, and remand of remaining claims to state court, defendants moved for summary judgment. The Superior Court, Maricopa County, No. CV2005-013190, 2007 WL 1891490, Janet E. Barton, J., entered summary judgment dismissing actions. Tribe and individual members appealed. *Holding: The Court of Appeals, Johnsen, J., held that: Calpine Finance Construction Company v. Arizona Department of Revenue Subjects: Electric power plants -- On Indian reservations; Real property tax; Arizona. Dept. of Revenue; Calpine Finance Construction Company. *Synopsis: Taxpayer, which leased from Indian tribe land located on Indian reservation to construct and operate electric power generating plant with related improvements, filed suit against Department of Revenue (DOR) and county to seeking refund of property taxes assessed on improvements and personal property. Parties filed cross-motions for summary judgment. The Arizona Tax Court, Cause No. TX 2004-000696, Thomas Dunevant, III, J., granted summary judgment to defendants. Taxpayer appealed. *Holding:The Court of Appeals, Irvine, J., held that: In re Jeremiah G. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Notice (Law). *Synopsis: In a child dependency proceeding, the Superior Court, Sacramento County, No. JD226618, Peter S. Helfer, Juvenile Court Referee, removed child from mother's custody and denied her reunification services. Mother appealed. *Holding: The Court of Appeal, Scotland, P.J., held that: In re of Holly B. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Notice (Law). *Synopsis: After termination of reunification services in a child dependency proceeding, the Superior Court, Mono County, No. 3SCJ1358, Stan Eller, J., ordered psychological evaluation of child, modified its order to delete the order for psychological evaluation, and continued the child in foster care. Father appealed. *Holding: The Court of Appeal, Robie, J., held that: People in the interest of T.M.W. Subjects: not yet available *Synopsis: Mother appealed judgments of the Juvenile Court, City and County of Denver, Donna J. Schmalberger, J., terminating the parent-child relationship between her and her two sons. *Holding: The Court of Appeals, Roman, J., held that:
In the Matter of M.B., E.B., and B.B. Subjects: *Synopsis: After mother and father's parental rights were terminated to their three children, foster parents, who were granted permission to intervene, filed a motion for an order restraining the Department of Public Health and Human Services (DPHHS) from removing children from their care for out of state adoption placement. The District Court of the Second Judicial District, Silver Bow County, Nos. DN-2006-041, DN-2006-042, and DN-2007-031, Brad Newman, P.J., denied the motion, denied foster parents' motion for a new trial, and denied their motion to stay the adoptive placement of the children. Foster parents appealed. *Holding: The Supreme Court, James C. Nelson, J., held that trial court determination that good cause did not exist to deviate from the placement preferences in the Indian Child Welfare Act (ICWA), and its approval of childrens' placement with prospective adoptive parents, was not an abuse of discretion. Affirmed. In the Matter of A.J.S. Subjects: Parent and child (Law); Trials (Custody of children) -- Kansas; Child welfare; United States. Indian Child Welfare Act of 1978; Existing Indian family exception. *Synopsis: Unwed, non-Indian mother sought to terminate the parental rights of child's father, who was Indian, and consented to the adoption of child by members of mother's family. The District Court, Sedgwick County, Richard T. Ballinger, J., rejected father's request to transfer the matter to tribal court pursuant to the federal Indian Child Welfare Act, and rejected tribe's attempt to intervene. Father and tribe appealed. *Holding: The Supreme Court, Beier, J., held that: Ted W. v. State of Alaska, Dept. Health and Human Services Subjects: Parent and child (Law); Trials (Custody of children) -- Alaska; Child welfare; United States. Indian Child Welfare Act of 1978; Foster care placement. *Synopsis: This appeal arises from the superior court's decision to allow a mother to revoke the Indian custodian status for her child's father, whose own parental rights to the child had already been terminated. The father's status as the child's Indian custodian under the Indian Child Welfare Act was based solely on the mother's temporary transfer of physical care and custody of the child to the father after termination of his parental rights. After the Office of Children's Services (OCS) removed the child from the father and became the child's temporary legal custodian, the mother joined in OCS's motion to terminate the father's status as the child's Indian custodian. *Holding: The Supreme Court, Fabe, C.J., held that mother possessed the authority to revoke the transfer at any time before OCS took custody of child, and because mother and OCS acted jointly to rescind the earlier transfer, the condition under which father met Indian Child Welfare Act's (ICWA) definition of Indian custodian no longer existed. Colyer v. Department of Transportation Subjects: Drunk driving; United States. Bureau of Indian Affairs -- Police; Traffic violations -- On Indian reservations -- Wind River Indian Reservation (Wyo.); Jurisdiction -- Wyoming. *Synopsis: Defendant sought review of judgment of the District Court, Fremont County, Norman E. Young, J., affirming administrative suspension of his driver's license for having refused to submit to chemical testing of his blood alcohol content after a traffic stop. *Holding: The Supreme Court, Voigt, C.J., held that defendant's detention by Bureau of Indian Affairs (BIA) officer did not render his subsequent arrest by deputy sheriff unlawful. In re R.R. Jr. Subjects: Parent and child (Law); Trials (Custody of children) -- Texas; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination. *Synopsis: Termination of parental rights proceeding was brought. The 323rd District Court, Tarrant County, Lucy Jean H. Boyd, J., terminated mother's and father's parental rights. Mother and father appealed. *Holding: The Court of Appeals, Sue Walker, J., held that: In re of K.M. v. C.M. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination; Notice (Law). *Synopsis: (from the opinion) C.M. appeals an order of the juvenile court terminating parental rights and finding her child adoptable. (Welf. & Inst.Code, § 366.26.) She contends the juvenile court erred in giving the notices required by the Indian Child Welfare Act (ICWA) ( 25 U.S.C. § 1901 et seq.). We affirm. *Holding: not yet available In re Interest of Shayla H. Subjects: Parent and child (Law); Trials (Custody of children) -- Nebraska; Child welfare; United States. Indian Child Welfare Act of 1978. *Synopsis: State filed petition for temporary custody of children. The Juvenile Court, Lancaster County, Linda S. Porter, J., adjudicated the children as juveniles and placed them in foster care, and father appealed. *Holding: The Court of Appeals, Moore, J., held that: In re Custody of C.C.M Subjects: Parent and child (Law); Trials (Custody of children) -- Washington (State); Child welfare; United States. Indian Child Welfare Act of 1978; Foster home care; Notice (Law); Grandparents. *Synopsis: Grandparents filed petition for nonparental custody of Indian child. The Superior Court, King County, Philip Hubbard, J., awarded custody of child to grandparents. Father appealed. The Court of Appeals, 119 Wash.App. 415, 81 P.3d 154, reversed and remanded. After remand, Indian tribe in which child was enrolled petitioned to intervene. After a bench trial, the Superior Court, King County, James A. Doerty, J., awarded custody to father, and grandparents appealed. *Holding: The Court of Appeals, Dwyer, A.C.J., held that: State v. Roy Subjects: United States. Public Law 280; Firearms -- Law and legislation; Jurisdiction -- Minnesota; Criminal actions arising on Indian reservations -- Fond du Lac Band of Chippewa Indians. *Synopsis: Defendant was convicted in the District Court, Beltrami County, Shari R. Schluchter, J., of being a felon in possession of a firearm. Defendant appealed. *Holding: The Court of Appeals, Hudson, J., held that state had jurisdiction to prosecute defendant, a tribal member, for a violation on a reservation of the felon-in-possession statute. Larry v. State of Alaska Subjects: Parent and child (Law); Trials (Custody of children) -- Alaska; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination; Evidence, Expert; Evidence (Law). *Synopsis: Father appealed from decision of the Superior Court, Fourth Judicial District, Fairbanks, Randy M. Olsen, J., terminating his parental rights. *Holding: The Supreme Court held that: Jared v. Glade Subjects: Parent and child (Law); Trials (Custody of children) -- Arizona; Child welfare; United States. Indian Child Welfare Act of 1978; Adoption. *Synopsis: Putative father, who was an Indian, appealed from decision of the Superior Court, Maricopa County, Cause No. JA 508264, Peter Thompson and Brian S. Rees, Commissioners, finding that father could not impede the adoption and that Indian Child Welfare Act (ICWA) was inapplicable. *Holding: The Court of Appeals, Portley, P.J., held that: D.B v. Superior Court Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Family reunification; Notice (Law). *Synopsis: County department of health and human services filed dependency petition. The Superior Court, Humboldt County, No. JV080229, Christopher G. Wilson, denied reunification services to father, set case for permanency planning hearing, and determined that Indian Child Welfare Act (ICWA) did not apply. Father petitioned for writ of mandate. *Holding: The Court of Appeal, Needham, J., held that: Duwyenie v. Moran Subjects: Parent and child (Law); Trials (Custody of children) -- Arizona; Jurisdiction -- Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota; Jurisdiction --San Carlos Apache Tribe of the San Carlos Reservation, Arizona. *Synopsis: Father appealed from order of the Superior Court, Gila County, No. DO 2007-399, Peter J. DeNinno, Judge Pro Tempore, granting sole legal and physical custody of minor child to mother. *Holding: The Court of Appeals, VAsquez, J., held that: In re E.G. Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Heritage; Notice (Law). *Synopsis: The Juvenile Court, Sacramento County, No. JD225578, Dean Petersen, J., terminated mother's parental rights to child. Mother appealed. *Holding: The Court of Appeal, Scotland, P.J., held that: In re of the Welfare of MG Subjects: Parent and child (Law); Trials (Custody of children) -- Washington (State); Child welfare; United States. Indian Child Welfare Act of 1978; Foster home care. *Synopsis: After child born prematurely and suffering drug withdrawals was placed in state care, and mother initially agreed to a dependency order so that child could be placed with her while she underwent drug treatment, child's health prevented such placement and mother moved to revoke the dependency order. The Superior Court, Clallam County, William Knebes, J., denied mother's motion. Mother appealed. *Holding: The Court of Appeals, Penoyar, J., held that: Department of Health and Human Services v. Maybee Subjects: Electronic commerce -- Licenses; Tobacco -- Sales -- Taxation; Taxation -- Law and legislation -- Maine -- Application -- Indian Country (U.S.); Interstate commerce; Indian business enterprises -- New York (State); Tribal members -- Seneca Nation of New York. *Synopsis: Online tobacco product retailer sought review of order of the Superior Court, Kennebec County, Marden, J., imposing upon retailer penalties and fine in amount of $33,500 for distributing tobacco products without a license. *Holding: The Supreme Judicial Court, Silver, J., held that Department of Health and Human Services had authority to enforce state tobacco vendor licensing requirement against out-of-state retailer who resided within Indian reservation.
Hyde v. Fisher Subjects: Prisoners -- Idaho; Habeas corpus; Freedom of religion -- United States; Sweat lodges; Religious articles; United States. Constitution. 14th Amendment; United States. Constitution. 1st Amendment; United States. Religious Land Use and Institutionalized Persons Act of 2000; Idaho. Free Exercise of Religion Protected Act. *Synopsis: Inmate who was in maximum security state prison petitioned for writ habeas corpus, alleging violation of his rights to practice his Native American religion under the State and Federal Constitutions, the Religious Exercises in Land Use and by Institutionalized Persons Act (RLUIPA), and the Free Exercise of Religion Protected Act (FERPA). After the dismissal of his petition was reversed, 143 Idaho 782, 152 P.3d 653, the District Court, Fourth Judicial District, Ada County, Daniel C. Hurlbutt, J., denied petition. Inmate appealed. *Holding: The Court of Appeals, Gutierrez, J., held that: Marcia v. State Subjects: Parent and child (Law); Trials (Custody of children) -- Alaska; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination; Evidence, Expert; Evidence (Law). *Synopsis: Office of Children's Services (OCS) petitioned to terminate mother's parental rights to her daughter, an Indian child under the Indian Child Welfare Act (ICWA). After a bench trial, the Superior Court, Third Judicial District, Anchorage, Jack W. Smith, J., terminated mother's parental rights, and mother appealed. *Holding: The Supreme Court, Carpeneti, J., held that: State v. Madsen Subjects: Marijuana -- Law and legislation; Searches and seizures; Evidence (Law); Criminal actions arising on Indian reservations; Casinos; United States. Constitution. 4th Amendment; United States. Indian Civil Rights Act. *Synopsis: After denying defendant's motion to suppress evidence found in search of hotel room at Indian casino, following a bench trial the Circuit Court of the Third Judicial Circuit Moody County, David R. Gienapp, J., convicted defendant of possession of controlled substances, intent to distribute marijuana, possession of marijuana, and ingesting substances. Defendant appealed. *Holding: The Supreme Court, Gilbertson, C. J., held that reasonableness of search of defendant's hotel room by security guards had to be assessed under Fourth Amendment standards by virtue of the Indian Civil Rights Act, as the guards were government actors. Reversed and remanded. Riverside County Department of Public Social Services v. V.P Subjects: Parent and child (Law); Trials (Custody of children) -- California; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination; Notice (Law). *Synopsis: Appellant V.P. (Mother) is the mother of E.W. and P.W. Mother appeals from the juvenile court's order terminating her parental rights at a hearing held under Welfare and Institutions Code section 366.26 held on May 13, 2008. Mother makes a three-fold challenge under the Indian Child Welfare Act (ICWA): 1) DPSS did not provide proper notice to the Indian tribes; 2) DPSS did not receive responses from all of the noticed tribes or from the BIA; and 3) the juvenile court did not make a finding that ICWA did not apply. As discussed below, we find that any error was not prejudicial and so affirm the court's orders. *Holding: not yet available Cossey v. Cherokee Nation Enterprises, LLC Subjects: Non-Indians -- On Indian reservation; Liability (Law); Personal injuries -- Casinos; Jurisdiction -- Oklahoma; Jurisdiction -- Cherokee Nation, Oklahoma; United States. Indian Civil Rights Act; United States. Indian Gaming Regulatory Act; Intergovernmental agreements -- Cherokee Nation, Oklahoma; Intergovernmental agreements -- Oklahoma. *Synopsis: Non-Indian customer injured at Indian casino brought personal injury action against limited liability company (LLC) organized by Indian Tribe to run the casino. The District Court of Rogers County, Dynda Post, J., denied motion by Indian Tribe's LLC to dismiss for lack of subject matter jurisdiction, and Indian Tribe's LLC filed petition for writ of certiorari. *Holding: After granting the petition, the Supreme Court, Watt, J., held that: Related News Stories: High court greenlights suit against Cherokees (Journal Record) 1/26/09. Valerie M . v. Arizona Department of Economic Security Subjects: Parent and child (Law); Trials (Custody of children) -- Arizona; Child welfare; United States. Indian Child Welfare Act of 1978; Parental rights -- Termination. *Synopsis: Mother, a member of the Cherokee Nation, appealed order of the Superior Court, Maricopa County, No. JD 13827, Frank Johnson Jr., J. pro tem., terminating her parental rights to her three children. The Court of Appeals, Hall, J., 195 P.3d 192, affirmed. Mother appealed. *Holding: The Supreme Court, Bales, J., held that:
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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
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