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Archives 2010 Inquiry Concerning Complaint of Judicial Standards Commission v. Not Afraid *Synopsis: Appointed prosecuting attorney filed complaint against justice of the peace, a tribal member who became a candidate for tribal chairman, alleging violation of section of State Constitution requiring a holder of a judicial position to forfeit that position upon filing for an elective public office. The Judicial Standards Commission concluded that justice violated State Constitution and recommended that he be publicly reprimanded. Justice objected. Holding: The Supreme Court, Jim Rice, J., held that:
Lucy J. v. Department of Health & Social Services, Office of Children's Services *Synopsis: Office of Children's Services (OCS) filed petition to terminate mother's parental rights with regard to two of her minor children. The Superior Court, First Judicial District, Juneau, Patricia A. Collins, J., granted petition. Mother appealed. Holding: The Supreme Court, Fabe, J., held that: Pyramid Lake Paiute Tribe of Indians v. Ricci *Synopsis: Tribe sought judicial review of decision by State Engineer to grant Nevada Land and Resource Company, LLC, change application for water rights in basin groundwater. The Second Judicial District Court, Washoe County, Jerome Polaha, J., denied petition, and tribe appealed. Holding: The Supreme Court held that: In the Interest of C.Z. *Synopsis: In dependency and neglect proceeding, the District Court, Lake County, Karen Ann Romero, J., ordered parental rights of mother and father terminated. Mother and father directed their court-appointed trial attorneys to appeal. The Court of Appeals granted trial attorneys' motion to withdraw, and appointed new appellate counsel who submitted briefing as to whether Colorado should adopt procedures under Anders v. California for dependency and neglect appeals in which counsel determined the appeals had no arguable merit. After accepting prejudgment certiorari, the Supreme Court, 226 P.3d 1054, remanded with directions. Holding: On remand, the Court of Appeals, Furman, J., held that:
Brenda O. v. Arizona Department of Economic Security *Synopsis: The Department of Economic Security (DES) filed a motion to terminate
mother's parental rights. The Superior Court, Maricopa County, No. JD 16009, Dawn
M. Bergin, J., terminated parental rights. Mother appealed. Lindsey H. v. State of Alaska, Department of Health and Social Services *Synopsis: Office of Children's Services filed petition to terminate mother's parental rights to her tenth child, an infant covered by the Indian Child Welfare Act. The Superior Court, Third Judicial District, Anchorage, John Suddock, J., terminated mother's parental rights. Mother appealed. In re Interest of Jamyia M. *Synopsis: State petitioned to terminate parental rights of
Native-American
parents, whose child was enrolled or was eligible for tribal enrollment in
Navajo
Nation. The Juvenile Court, Douglas County, Elizabeth Crnkovich, J.,
entered
judgment terminating parental rights. Parents appealed. Cash Advance and Preferred Cash Loans v. State of Colorado *Synopsis: State Attorney General brought action to enforce investigative subpoenas issued against two Internet lending businesses to determine whether their lending practices violated Uniform Commercial Credit Code (UCCC) and the Colorado Consumer Protection Act (CCPA). Purported owners of businesses moved to dismiss, and two corporations formed by tribal nations, claiming to own the businesses, joined the motion, asserting tribal sovereign immunity. The District Court, City and County of Denver, Robert S. Hyatt, J., denied motion. Tribal nations appealed. The Court of Appeals, 205 P.3d 389, reversed. State and tribal nations cross-petitioned for writ of certiorari. In re CD *Synopsis: After grandfather was awarded permanent custody of mother's children, the State removed the children and initiated abuse and neglect proceedings. The Seventh District Juvenile Court, Monticello, Mary Manley, J., found that grandfather had abused the children and placed them in custody of Division of Child and Family Services, which placed them in non-Indian foster homes while awaiting a permanent placement. Grandfather and mother appealed. The Court of Appeals, 200 P.3d 194, affirmed in part, reversed in part, and remanded. Guardian ad litem filed petition for certiorari, and grandfather filed cross-petition for writ of certiorari. Holding: The Supreme Court, Parrish, J., held that: In re C.B. *Synopsis: In dependency proceedings, the Superior Court, Santa Clara
County,
Nos. JD 18556 and JD 18557, Shawna Schwarz, J., terminated mother's and
father's
parental rights to three minor children. Mother and father appealed.
State of Hawaii v. Pratt *Synopsis: Defendant was convicted in the District Court, Fifth Circuit, CR. Nos. HC04-147, HC04-169 and HC04-229, for violating restrictions on camping in closed areas of a State wilderness park. He appealed. Holding: The Intermediate Court of Appeals, Leonard, J., held that:
In the Interest of E.C. *Synopsis: Mother commenced an action alleging domestic violence and requesting
an allocation of parental responsibilities. County department of
social services filed a separate dependency and neglect action. In the dependency
action, the District Court, Pueblo County, Deborah R. Eyler, J., issued a
permanency planning order, found that the child's aunt should receive an
allocation of parental responsibilities, and certified its order as a
custody-allocation of parental responsibilities order in the domestic relations
case. Father appealed.
Marsden v. Koop *Synopsis: Wife brought divorce action against husband. The Northeast Central Judicial District Court, Nelson County, Debbie Gordon Kleven, J., granted divorce. Wife appealed. State v. Eriksen *Synopsis: Defendant, a non-Indian, was convicted in the Superior Court,
Whatcom County, Leon F. Henley Jr., J., of driving under the influence
(DUI) in
connection with an incident in which she was detained by a tribal police
officer
who pursued her beyond the reservation border after observing alleged
traffic
infractions. Defendant moved for discretionary review. Paquin v. Mack *Synopsis: Candidate petitioned Supreme Court to require county auditor to accept a petition nominating him for state senate. Auditor opposed the request. Armijo v. Peublo of Laguna *Synopsis: Board of trustees of a land grant brought quiet title against Native American tribe and individual. Individual brought counterclaims against board and cross-claims against tribe for adverse possession. After parties stipulated to dismissal of board's complaint, tribe moved to dismiss cross-claims. The District Court, Cibola County, William A. Sanchez, D.J., denied motion. Tribe filed interlocutory appeal, which was accepted. *Related News Stories: Court rules sovereign immunity applies to tribal land outside reservation boundaries, (The Native American Times) 03/01/11 In re Interest of Ramon N. *Synopsis: State filed petition seeking to adjudicate minor because he had violated curfew and run from his home. Following adjudication and dispositional hearing, juvenile filed petition to invalidate the proceedings, alleging that procedure did not comply with the Indian Child Welfare Act (ICWA). The Juvenile Court, Lancaster County, Reggie L. Ryder, J., overruled the petition but, after additional evidence was presented as to placement, continued the matter for a further “placement check” hearing. Juvenile appealed. 2010 WL 3397335 No. A10-699 Court of Appeals of Minnesota, August 31, 2010 *Synopsis: (from the opinion) In this appeal challenging his civil commitment as a sexually dangerous person (SDP) and sexual psychopathic personality (SPP), Kevin Beaulieau challenges the subject-matter jurisdiction of the district court, because he is an enrolled member of the White Earth Band of Ojibwe. He also claims that there was not clear and convincing evidence to support his civil commitment because respondent's experts failed to offer evidence of how the effects of historical trauma and post-traumatic stress impacted his need for culturally appropriate treatment. Because the district court had subject-matter jurisdiction over this matter and because appellant did not submit clear and convincing evidence to establish that he was in need of alternative treatment, we affirm. *Holdings: not yet available
In the matter of the Adoption of A.B. and D.T. v. State of Utah *Synopsis: The Juvenile Court, Third District, Salt Lake, Andrew A. Valdez, granted adoption of two children who were both enrolled members of the Navajo Nation by their non-indian foster parents. Nation challenged the adoption order and several other Juvenile Court orders concerning the children. *Holding: On certification from the Court of Appeals, on issues of first
impression, the Supreme Court, Nehring, J., held that:
Allen v. Arkansas Department of Human Services *Synopsis: (from the opinion) Shanda Allen appeals from the termination of her parental rights to her daughter, A. L., who was born on November 14, 2007. DHS took emergency custody of A.L. on June 18, 2008, when her parents were arrested on drug charges. *Holding: not yet available Bates Associates, L.L.C. v. 132 Associates, L.L.C. *Synopsis: (from the opinion) The Tribe argues that the purported waivers of sovereign immunity and tribal court jurisdiction in the settlement agreement are invalid because they were not supported by a resolution of the Tribe's Board of Directors as required under § 44.105 and § 44.109 of the Tribe's Code. *Holding: not yet available *Related News Stories: Michigan appellate court rules Sault tribe waived immunity in settling contract dispute, (TurtleTalk) 9/16/2010 In re Jonah D. *Synopsis In dependency proceeding, the Superior Court, Los Angeles County, No. CK72856, Jacqueline Lewis, Commissioner, terminated mother's parental rights to child. Mother appealed. State of Washington v. Abrahamson *Synopsis: Defendant was convicted in the Superior Court, Snohomish County, Bruce I. Weiss, J., of driving while under the influence, attempting to elude, and driving while license revoked. He appealed. *Holding: The Court of Appeals, Schindler, J., held that the superior court had
jurisdiction over the offenses committed by defendant on the public roads on an
Indian reservation.
*Related News Stories: Washington appellate court affirms conviction of Spokane Indian under PL280, (TurtleTalk) 9/9/2010 Seminole Tribe of Florida v Ariz *Synopsis: Wife of pedestrian who was struck and killed by automobile driven by employee of casino operated by Indian tribe while attempting to walk across county road brought wrongful death action against, among others, the tribe. The Circuit Court, Collier County, Cynthia Pivacek, J., entered order allowing wife to conduct discovery on the issue of subject matter jurisdiction, and continued the hearing on tribe's motion to dismiss. Tribe filed petition for writ of certiorari and petition for writ of prohibition. *Holding: The District Court of Appeal, Morris, J., held that pedestrian was not a “patron” injured in a casino “facility,” and thus tribe's gaming compact with state did not waive tribe's sovereign immunity. Petition for writ of prohibition granted, petition for writ of certiorari denied. In the Matter of M.R. L., E.Y. L., Y.I. L., A.J. L., M.L. L., and S.E. L. v. N.L. and B.Z.L. *Synopsis: Father and mother appealed from entry of amended judgment of the Circuit Court, Yamhill County, Ronald W. Stone, J., taking jurisdiction over their six minor children based on finding of medical neglect. *Holding: The Court of Appeals, Ortega, J., held that:
In re Disciplinary Proceedings Against Brown *Synopsis: Attorney disciplinary proceeding was brought. *Holding: We The Supreme Court held that public reprimand, together with payment of restitution and costs, was warranted for attorney's misconduct as lead counsel in law firm's representation of Indian tribe, which included representing interests of deposed members of tribal council in actions contrary to governance of interim council and a subsequently elected council. Department of Human Services v. Three Affiliated Tribes of Fort Berthold Reservation *Synopsis: Following termination of mother and father's parental right to two Indian children, the Circuit Court, Wasco County, John V. Kelly, J., concluded that good cause under the Indian Child Welfare Act existed to designate the adoptive placement for the children as the home of their current foster parents rather than the home designated by the tribes. Tribes appealed. *Holding: The Court of Appeals, Haselton, P.J., held that: (1) review was limited to examining the record to determine if there was any evidence to support the trial court's factual findings; (2) good cause, as used in section of the Act establishing preferences for the adoptive placements of Indian children, is a legal standard and appellate
court consequently reviews a trial court's good cause determination for errors of law; and (3) trial court's finding that the harm to children would be serious and lasting if they were moved from their foster parents' home was legally sufficient to establish good cause to depart from Act's adoptive placement preferences. In re Interest of Emma J. *Synopsis: State filed petition alleging that Indian child was a child within the jurisdiction of the juvenile court by reason that the child lacked proper parental care due to the faults or habits of her father and her mother. After a hearing, the Juvenile Court, Lancaster County, Reggie L. Ryder, J., adjudicated the child as being a child within the jurisdiction of the juvenile court and placed her outside the home. Father appealed. The Court of Appeals, 18 Neb.App. 389, 782 N.W.2d 330, affirmed in part, reversed in part, and remanded with directions. Mendoza v. Tamaya Enterprises, Inc. *Synopsis: Personal representatives of decedents brought wrongful death action against casino alleging that casino sold alcohol to decedents at a social function despite their intoxication and, as a result of casino's negligence, they were killed on their way home in a single-vehicle automobile accident. The District Court, Bernalillo County, Nan G. Nash, D.J., dismissed the action for failure to state a claim upon which relief could have been granted. Representatives appealed. *Holding: The Court of Appeals, Robles, J., held that: (1) plaintiffs argued and thereby preserved an injured, third=party common law claim; (2) pleadings were sufficient as to injured, third-party common law claim; and (3) scope of duty on casino extended to patrons. State of Montana v. James *Synopsis: Defendant was convicted in the District Court of the Twentieth Judicial District, Lake County, Deborah Kim Christopher, Presiding Judge, of felony criminal endangerment and misdemeanor partner-family member assault. Defendant appealed. *Holding: The Supreme Court, Mike McGrath, C.J., held that: In re the Welfare OF L.N.B.-L. *Synopsis: The Department of Social and Health Services petitioned for termination of mother's and father's parental rights. Following a hearing, the Superior Court, Kitsap County, Russell W. Hartman, J., granted the petition, and parents appealed. *Holding: On motion for reconsideration, the Court of Appeals, Penoyar, C.J., held that: In re Anaya J.G. *Synopsis: The State filed a petition to terminate mother's parental rights to child. The Circuit Court, Cook County, No. 06 JA 175, Demetrios G. Kottaras, J., terminated parental rights. Mother appealed. *Holding: The Appellate Court, Lavin, J., held that:
(1) evidence was insufficient to give the trial court reason to know
that child
was a member of an Indian tribe, so as to trigger the notification
requirements
under the Indian Child Welfare Act;
(2) denial of motion for a continuance of the best interest hearing was
not an
abuse of discretion; and
(3) trial court determination that termination of mother's parental
rights was
in child's best interests was not against the manifest weight of the
evidence.
Cardona v. Kreamer *Synopsis: Native American tribe filed action against individual residents of Mexico and four Mexican corporate entities regarding casino project in Mexico. The Superior Court, Maricopa County, No. CV2008-090935, Joseph Kreamer, J., denied residents' and corporate entities' motion to dismiss for insufficiency of service of process. Residents and corporate entities appealed. *Holding: After the Court of Appeals declined special action jurisdiction, the Supreme Court, W. Scott Bales, J., held that service on persons and entities in Mexico could only be effected, under the Hague Service Convention, by service through Mexico's Ministry of Foreign Affairs. In re Skyler H. *Synopsis: (from the opinion) County health and human services agency filed a petition to terminate mother and father's parental rights to child. The Superior Court, San Diego County, No. J514948, Gary W. Bubis, J., terminated parental rights. Mother appealed...While the standard for ICWA notice is low, it is not without reasonable limits. This case raises the issue whether a child's specific but attenuated Indian heritage invokes ICWA notice requirements under section 224.3, subdivision (b), which describes circumstances that may provide reason to know the child is an Indian child. We hold the trial court has discretion to consider the totality of the information presented concerning the child's family circumstances to determine whether it meets the threshold required for ICWA notice-“the court knows or has reason to know the child is an Indian child.” (§ 224.2.) We further hold ICWA notice is not required unless the totality of the family's circumstances indicate there is a low but reasonable probability the child is an Indian child. Here, we conclude the case need not be remanded for ICWA notice because the family's specific but attenuated Indian heritage does not provide reason to know the child is an Indian child. *Holding: The Court of Appeal, Benke, Acting P.J., held that:
J.P.H. v. Florida Department of Children and Families *Synopsis: (from the opinion) We sua sponte consolidate for disposition these appeals of an order terminating appellants' parental rights. Appellees forthrightly concede that because the proceedings involved Indian children within the meaning of the Indian Child Welfare Act, 25 U.S.C. § 1912, et seq., the trial court erred in not applying the standards and requirements of the Act. Most notably the trial court did not apply 25 U.S.C. § 1912(f), which requires that any order terminating parental rights to an Indian child be supported “by evidence beyond a reasonable doubt,” rather than the clear and convincing evidence standard set forth in Chapter 39, Florida Statutes. *Holding: not yet available In re B.C. *Synopsis: The Circuit Court of The Second Judicial Circuit Minnehaha County, Kathleen K. Caldwell, P.J., and Robin J. Houwman, J., and the Circuit Court Of The Seventh Judicial Circuit Pennington County, Jeff W. Davis, P.J., terminated parental rights. Parents appealed. The State filed motions to dismiss appeals. *Holding: The Supreme Court held that failure of parents to file notice of appeal on Tribes that had intervened required dismissal. Schirado v. Foote *Synopsis: Purported father brought action against mother of minor child seeking paternity and custody if he was father of the child. The District Court, Burleigh County, South Central Judicial District, David E. Reich, J., granted mother's motion to dismiss based on lack of jurisdiction. Father appealed. *Holding: The Supreme Court, Daniel J. Crothers, J., held that trial court was required to specify what its home state determination was based on in dismissing action for lack of jurisdiction. Reversed and remanded. Dale H. v. State of Alaska, Department of Health & Social Services, Office of Children's Services *Synopsis: Office of Children's Services (OCS) filed petition to terminate father's parental rights. Following a trial, the Superior Court, Fourth Judicial District, Fairbanks, Randy M. Olsen, J., granted petition, and father appealed. *Holding: The Supreme Court, Stowers, J., held that: Edmondson v. Native Wholesale Supply Subjects: not yet available *Synopsis: Attorney General brought action against cigarette importer and distributor, which was a tribally-chartered corporation wholly owned by an individual of Native-American ancestry, alleging violations of the Oklahoma Master Settlement Agreement Complementary Act. Cigarette importer moved for dismissal based on lack of personal and subject matter jurisdiction. The District Court, Oklahoma County, Bryan C. Dixon, J., denied the motion as to personal jurisdiction, but entered judgment for importer upon finding that enforcement of the Complementary Act against importer would violate the Indian Commerce Clause, depriving the trial court of subject matter jurisdiction. Both parties appealed. *Holding: The Supreme Court, Opala, J., held that:
In re the Welfare of L.N.B.-L. Subjects: not yet available *Synopsis: (from the opinion) JB-L and KL, the mother and father, respectively, of four-year old LNB-L and three-year old ADB-L, appeal the juvenile court's order terminating their parental rights. LNB-L and ADB-L each qualify as an “Indian child” under the Indian Child Welfare Act (ICWA).FN2 JB-L and KL assign error to several findings of fact and conclusions of law, and they assert that the Department of Social and Health Services failed to establish several elements of RCW 13.34.180(1) and ICWA. The parents raise numerous other arguments, including the Department's alleged failure to provide proper notice to Indian tribes that had an interest in the proceedings. We affirm the termination orders, but we hold that the Department should have notified three additional tribes under state law. Therefore, we remand for proper notice. If the notified tribes decline to intervene, the termination orders will stand. If any of the tribes chooses to intervene, the juvenile court shall hold further proceedings consistent with this opinion. *Holding: The Court of Appeals, Penoyar, J., held that:
Osterkamp v. Stiles Subjects: not yet available *Synopsis: Former foster parent brought action against child's adoptive mother, who had also previously served as foster parent during time in which they were domestic partners, seeking custody and visitation of child. Following bench trial, the Superior Court, Third Judicial District, Anchorage, Jack Smith, J., awarded sole physical and legal custody to adoptive mother. Former foster parent appealed. *Holding: The Supreme Court, Christen, J., held that: In re Kyle E. Subjects: not yet available Synopsis: In juvenile dependency proceeding, the Superior Court, Sacramento County, No. JD222236, Scott P. Harman, Juvenile Court Referee, adjudged the minor a dependent child, committed him to the care and custody of county department of health and human services, ordered regular visitation with mother, and provided for supervised visitation with presumed father. Presumed father appealed. Holding: The Court of Appeal, Butz, J., held that: In the Interest of C.A.V. Subjects: not yet available *Synopsis: A father appeals the termination of his parental rights in a private termination action. He contends he did not abandon his daughter, who is an enrolled member of an Indian tribe. He further contends the child's mother failed to satisfy the Iowa Indian Child Welfare Act (Iowa ICWA), Iowa Code chapter 232B (2007) in two ways: (1) by not showing his continued custody was likely to result in serious emotional or physical damage to his daughter and (2) by not providing evidence of “active efforts” to prevent the break-up of the Indian family. We affirm the juvenile court's decision. *Holding: The Court of Appeals, Tabor, J., held that:
In the Matter of M.S. Subjects: not yet available *Synopsis: Indian tribe sought to transfer jurisdiction of dependency case involving Indian children to tribal court, or to change placement of children to a tribal member. The trial court denied relief. Tribe appealed. The Court of Civil Appeals affirmed. Tribe sought certiorari review.. *Holding: After granting certiorari, the Supreme Court, Watt, J., held that:
In re the adoption of D.C. Subjects: not yet available *Synopsis: Child's stepfather petitioned for adoption of biological father's child. The Marion Superior Court, Tanya Walton Pratt, J., granted petition, and father appealed. *Holding: The Court of Appeals, Bailey, J., held that: State of New Mexico v. David Harrison *Synopsis: In this appeal, we must determine whether a state, county, or local peace officer, who is not cross-commissioned with the Bureau of Indian Affairs (BIA) or an Indian nation, tribe, or pueblo, see NMSA 1978, § 29-1-11 (2005), has the authority to pursue an Indian into Indian country to investigate an off-reservation crime committed in the officer's presence. We conclude that state officers have the authority to enter Indian country to investigate off-reservation crimes committed by Indians, so long as their investigation does not infringe on tribal sovereignty by circumventing or contravening a governing tribal procedure. *Holding: The Supreme Court, Maes, J., held that:
Kent v. State Department of Health and Social Services Subjects: not yet available *Synopsis: After an initial petition to terminate parental rights was filed, the Office of Children's Services (OCS) filed a second petition to terminate mother and father's parental rights. The Superior Court, Third Judicial District, Palmer, Kari Kristiansen and Vanessa White, JJ., terminated parental rights. Father appealed. *Holding:The Supreme Court, Christen, J., held that: In re marriage of Baker Subjects: not yet available *Synopsis: Wife appealed from decision of the District Court of the Twentieth Judicial District, Lake County, Deborah Kim Christopher, P.J., distributing the parties' marital estate. *Holding:The Supreme Court, James C. Nelson, J., held that: Feather Smoke Shops, LLC v. Oklahoma Tax Commission *Synopsis: Native American smoke shop retailer sought declaratory judgment on applicable tax rate in lieu of state taxes under tobacco compact between state and tribe and sought injunctive relief against Tax Commission. The District Court, Osage County, B. David Gambill, J., granted temporary injunction against Commission. Commission appealed. *Holding: The Supreme Court, Watt, J., held that compact required federal arbitration, and, thus, the District Court lacked jurisdiction to enter injunction.
Civil Commitment of Johnson Subjects: not yet available *Synopsis: Enrolled members of Leech Lake and Bois Forte bands of Minnesota Chippewa Indian tribe moved to dismiss, for lack of subject-matter jurisdiction, county's proceedings to have each of them civilly committed as a sexually dangerous person (SDP). The District Court, Cass County, John P. Smith, J., denied motions. Tribe members appealed. *Holding: The Court of Appeals, Hudson, J., held that: Davis v. Mayberry *Synopsis: Purchaser brought action to quiet title and partition a 160 acre tract of property. While the case was pending, claimant purchased an undivided 11/60 interest in the property. Purchaser amended his petition adding claimant as defendant, and claimants counter-claimed, asserting title by virtue of tax deed, and/or adverse possession. The Secretary of the Interior, through the field solicitor filed a reply/answer to claimant's cross-petition seeking to invalidate tax deed. The District Court, Creek County, Douglas W. Golden, J., granted Secretary's motion for partial summary judgment, finding tax deed void, but overruled in part with regard to claimants' adverse possession claim. Following trial, the District Court entered judgment in favor of purchaser, finding him to be the true and rightful owner, cancelled claimants' adverse possession claims, and ordered Secretary to remit taxes, penalties, interests and costs to claimants. Claimants appealed. In the Matter of the Welfare of the Child of S.L.J. Subjects: not yet available *Synopsis: Private attorney, who was appointed in termination of parental rights action to represent indigent parent who was entitled to counsel under federal Indian Child Welfare Act (ICWA), sought order requiring county to pay his attorney fees and expenses. The District Court, Rice County, Thomas M. Neuville, J., issued a peremptory writ of mandamus requiring county to pay attorney and to establish a system for payment of costs for representing indigent parents in juvenile protection cases. County appealed. The Court of Appeals, 772 N.W.2d 833, affirmed in part and reversed in part. County filed petition for review. *Holding: The Supreme Court, Magnuson, C.J., held that:
Antonio v. Inn of the Mountain Gods Resort and Casino *Synopsis: Injured employee filed claim against tribal owned casino for additional state employer's workers' compensation after collecting benefits under tribe's workers' compensation program. The Workers' Compensation Administration (WCA), Victor S. Lopez, Workers' Compensation Judge, dismissed complaint based on lack of subject matter jurisdiction. Employee appealed. *Holding: The Court of Appeals, Robles, J., held that:
State v. Maybee *Synopsis: Attorney General sought injunction prohibiting tobacco retailer from selling cigarette brands to consumers in Oregon that were not listed in state cigarette brand directory. The Circuit Court, Marion County, Mary Mertens James, J., granted summary judgment in favor of the state. Retailer appealed. *Holding: The Court of Appeals, Schuman, P.J., held that: Timmons v. Arkansas Department of Human Services Subjects: not yet available *Synopsis: (from the opinion) Gypsy Timmons appeals the November 2, 2009 order of the Sebastian County Circuit Court that terminated her parental rights to her twenty-two-month-old child. The order of the circuit court stated that Timmons's parental rights were terminated pursuant to the provisions of Ark.Code Ann. § 9-27-341 and found that it was contrary to the juvenile's best interests, health and safety, and welfare to return her to Timmons's parental care and custody. Additionally, the order noted the Choctaw Nation's concurrence that the requirements had been met under the Indian Child Welfare Act (ICWA) and noted that the expert of the Choctaw Nation of Oklahoma recommended termination of parental rights. *Holding: not yet available In re Interest of Emma J. Subjects: not yet available *Synopsis: Indian father appealed from order of the Separate Juvenile Court, Lancaster County, Reggie L. Ryder, J., adjudicating his minor child homeless, destitute, without proper support, or abandoned...Case No. A-09-1031 is before this court on the motion for rehearing filed by the State of Nebraska, appellee, regarding our opinion reported at In re Interest of Emma J., ante p. 389, 782 N.W.2d 330 (2010). We overrule the motion, but for purposes of clarification, we modify the opinion as follows. *Holding: The Court of Appeals, Inbody, C.J., held that evidence was sufficient to support adjudication of child as homeless, destitute, without proper support, or abandoned. Affirmed in part, reversed in part, and remanded with directions. Cayuga Indian Nation of New York v. Gould Subjects: not yet available *Synopsis: Indian tribe brought action against counties' sheriffs and district attorneys, seeking, inter alia, judgment declaring that statute governing taxes imposed on qualified reservations provided exclusive means by which to tax cigarette sales on an Indian reservation to non-Indians and non-member Indians, and that tribe's two convenience stores were located within a qualified reservation. The Supreme Court, Monroe County, Kenneth R. Fisher, J., 21 Misc.3d 1142(A), 2008 WL 5158093, denied tribe's motion for summary judgment and granted sheriffs' cross-motion for summary judgment. Tribe appealed. The Supreme Court, Appellate Division, 66 A.D.3d 100, 884 N.Y.S.2d 510, reversed. Leave to appeal was granted. *Holding: The Court of Appeals, Graffeo, J., held that:
State v. Jim Subjects: not yet available *Synopsis: State appealed from decision of District Court dismissing, on jurisdiction grounds, the prosecution of an enrolled member of an Indian tribe for second-degree unlawful use of a net and retaining undersized sturgeon. The Superior Court, Klickitat County, E. Thompson Reynolds, J., reversed. Discretionary review was granted. *Holding: The Court of Appeals, Stephen M. Brown, A.C.J., held that State lacked jurisdiction to prosecute defendant for fishing violations at the Maryhill Treaty Fishing Access Site, though that site was not on Yakama reservation land, where the site was acquired for Indians' use and benefit in lieu of treaty fishing grounds submerged or destroyed by dam construction.
State v. Arizona Navigable Stream Adjudication Commission Subjects: not yet available *Synopsis: Arizona State Land Department (ASLD) and the State Land Commissioner, acting as an advocate for the public trust, sought judicial review of administrative decision of the Arizona Navigable Stream Adjudication Commission (ANSAC) that the Lower Salt River was not navigable when Arizona became a state. The Superior Court, Maricopa County, No. LC2006-000413-001 DT, Carey Snyder Hyatt, J., affirmed. State and others appealed. *Holding: The Court of Appeals, Winthrop, P.J., held that: Davidson v. State Subjects: not yet available *Synopsis: Enrolled members of Native American tribe brought action against State Board of Higher Education to enforce settlement agreement between Board and National Collegiate Athletic Association (NCAA) and to enjoin Board from shortening time period for their tribe and another tribe to consider approving or rejecting school's use of “Fighting Sioux” nickname and logo. The District Court, Ramsey County, Northeast Judicial District, Michael G. Sturdevant, J., dismissed. Members appealed. *Holding: The Supreme Court, Sandstrom, J., held that Board could retire nickname before deadline in settlement agreement for it to either retire nickname or obtain namesake approval from tribes. Affirmed.
In re M.B. Subjects: not yet available *Synopsis: The Superior Court, Riverside County, No. RIJ102216, Bradley O. Snell, Temporary Judge, terminated parents' rights to child. Parents appealed. *Holding: The Court of Appeal, Ramirez, P.J. held that: In the interest of A.R.Y.-M. Subjects: not yet available *Synopsis: The department of human services filed a petition to terminate mother's parental rights. The Juvenile Court, City and County of Denver, No. 06JV1428, Karen M. Ashby, J., terminated parental rights. Mother appealed. *Holding: The Court of Appeals, Nieto, J., held that: Mike v. Franchise Tax Board Subjects: not yet available *Synopsis: Taxpayer brought action against Franchise Tax Board (FTB) for refund of income taxes attributable to distributions from gaming operations on her tribe's reservation. The Superior Court, San Diego County, No. 2007-00067324-CU-MC-CTL, Richard E.L. Strauss, J., entered judgment for FTB. Taxpayer appealed. *Holding: The Court of Appeal, McDonald, J., held that: Related News Stories: Court rules that tribal member must pay taxes (MyDesert.com) 03/09/10 In re C.C. and Ci.C. *Synopsis: Termination of parental rights action was commenced. The Court of Common Pleas, Juvenile Division, Cuyahoga County, Nos AD 08936260 and AD 08936265, entered termination orders as to father's rights to son and daughter and granted custody to Department of Children and Family Services. Father appealed. *Holding: The Court of Appeals, Melody J. Stewart, J., held that:
Parachester Village Neighborhood Council v. City of Richmond Subjects: not yet available *Synopsis: Objectors filed petition for writ of mandate and a complaint seeking declaratory and injunctive relief against city, alleging that city was required to conduct environmental review pursuant to Environmental Quality cat before entering into municipal services agreement to Indian tribe's proposed nearby casino. The Superior Court, Contra Costa County, No. CIV MSC07- 01090, Barbara Zuniga, J., granted peremptory writ of mandate, invalidating the agreement, and city appealed. *Holding: The Court of Appeal, Dondero, J., held that: In the Matter of Hanna Subjects: not yet available *Synopsis: After the Child and Family Services Division (CFSD) issued a substantiated report of abuse and neglect to foster mother, she sought a fair hearing. At the hearing she moved to dismiss the substantiation proceeding on jurisdictional grounds and argued that the Indian tribes maintained exclusive jurisdiction. A hearing officer at the Department of Public Health and Human Services (DPHHS) dismissed the substantiation proceeding. The CFSD appealed. The District Court of the First Judicial District, Lewis and Clark County, No. ADV 08-599, Dorothy McCarter, J., reversed. Foster mother appealed. *Holding: The Supreme Court, W. William Leaphart, J., held that: Shakopee Mdewakanton Sioux (Dakota) Gaming Enterprise vs. Prescott Subjects: not yet available *Synopsis:Tribal judgment creditor entered judgment and obtained writ of execution against tribal judgment creditor. The District Court, Scott County, Diane M. Hanson, J., 2007 WL 2769666, ruled that the judgment would not be recognized or enforced. Judgment creditor appealed. *Holding: The Court of Appeals, Bjorkman, J., held that: Morigeau vs. Gorman Subjects: not yet available *Synopsis: Tribal member's wife brought action against physician and medical clinic, asserting claims for medical negligence, and for wrongful death and survival on behalf of his estate. The 11th Judicial District Court, County of Flathead, Ted O. Lympus, J., dismissed complaint for lack of jurisdiction, and wife appealed. *Holding: The Supreme Court, Mike McGrath, J., held that district court did not lack jurisdiction over action brought by wife of tribal member for claims arising from actions that occurred in part on reservation land. In re the general adjudication of all rights to use water in the Gila River system and source Subjects: not yet available *Synopsis: As part of adjudication of water rights of users of river, the Superior Court, Maricopa County, Eddward P. Ballinger, Jr., J., approved agreement settling Indian tribe's claims to water rights in river, and granted summary disposition disposing of objections of non-settling parties. Non-settling parties filed interlocutory appeal. *Holding: The Supreme Court, sitting en banc, Pelander, J., held that: State v. Kurtz Subjects: not yet available *Synopsis: Defendant, who was stopped by an Indian tribal police officer outside the boundaries of an Indian reservation, following a pursuit from within the reservation, was convicted in the Circuit Court, Jefferson County, Daniel J. Ahern, J., of attempting to elude a police officer with a vehicle, and resisting arrest by a peace officer. He appealed. *Holding: The Court of Appeals, Sercombe, P.J., held that: Related News Stories: Tribal officers not police under Ore. law. (DemocratHerald) 2/18/10. In Re Noreen G. Subjects: not yet available *Synopsis: Guardians of two children petitioned to terminate the parents' parental rights. The Superior Court, Contra Costa County, Nos. A08-00006, A08-00007, Barry Baskin, J., terminated parental rights but awarded visitation rights to parents. Parents and guardians appealed. *Holding: The Court of Appeal, Dondero, J., held that: Hamby v. Cherokee Nation Casinos Subjects: not yet available *Synopsis: Claimant filed workers' compensation suit, alleging that she sustained a work injury occurring as a result of her work on gambling machines in casino of Indian tribe, which was claimant's employer. The Workers' Compensation Court, Mary A. Black, J., ruled that it did not have jurisdiction and dismissed the claim, and claimant appealed. *Holding: The Court of Civil Appeals, Keith Rapp, J., held that federal statute, pertaining to extension of state workers' compensation laws to buildings, works, and property of the federal government, does not operate to waive an Indian tribe's sovereign immunity. Sustained. In re Noreen G. Subjects: not yet available *Synopsis: Guardians of two children petitioned to terminate the parents' parental rights. The Superior Court, Contra Costa County, Nos. A08-00006, A08-00007, Barry Baskin, J., terminated parental rights but awarded visitation rights to parents. Parents and guardians appealed. *Holding: The Court of Appeal, Dondero, J., held that: In the Interest of M.F. Subjects: not yet available *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. The Court of Appeals, 41 Kan.App.2d 927, 206 P.3d 57, reversed and remanded. State and guardian ad litem for child petitioned for review. *Holding:The Supreme Court, Luckert, J., held that: Hoffman v. Sandia Resort and Casino Subjects: not yet available *Synopsis: Casino patron filed a complaint against casino alleging breach of contract, prima facie tort, and violation of the Unfair Practices Act after casino refused to pay him a gambling prize. The District Court of Bernalillo County, Linda M. Vanzi, J., granted casino's motion to dismiss. Patron appealed. *Holding: The Court of Appeals, Castillo, J., held that waiver of tribal immunity contained in gaming compact between Indian tribe and state, did not apply to breach of contract claims of casino patron who alleged casino wrongfully refused to pay him a gambling prize. Mashantucket Pequot Gaming Enterprise v. Lin Subjects: not yet available *Synopsis: Indian casino brought action to enforce tribal court money judgment against borrower. Casino moved for summary judgment in lieu of complaint. *Holding: The Supreme Court, Kings County, Francois A. Rivera, J., held that casino's failure to file affidavit of service within twenty days of delivery of motion required dismissal of action. State v. Maybee Subjects: not yet available *Synopsis: State filed complaint against tribal member, who resided on reservation in New York, for sale of unstamped cigarettes in interstate commerce, alleging violations of the Tobacco Master Settlement Agreement Complementary Act and the Master Settlement Agreement (MSA). The Fourth Judicial District Court, Ada County, Kathryn A. Sticklen, J., granted State summary judgment, and issued injunction. Seller appealed. *Holding: The Supreme Court, Burdick, J., held that: In the Matter of J.J.L., D.J.L., and R.D.L.L. Subjects: not yet available *Synopsis: The State filed a petition to terminate father's parental rights to his three children. The District Court of the Eighth Judicial District, Cascade County, No. DDJ 08-085-Y, Dirk M. Sandefur, P.J., terminated parental rights. Father appealed. *Holding: The Supreme Court, W. William Leaphart, J., held that: Townsend v. Spitzer Subjects: not yet available *Synopsis: Assembly member and convenience store near Native American reservation petitioned, under Article 78, to compel Governor and others to enforce state tax laws by collecting sales and other taxes on cigarettes and motor fuel sold to non-Native Americans at businesses owned or operated by Native American tribes. The Supreme Court, Albany County, Robert A. Sackett, J., 2008 WL 6623807, dismissed petition. Assembly member appealed. *Holding: The Supreme Court, Appellate Division, Malone Jr., J., held that refusal to enforce tax laws did not constitute unlawful nullification of assembly member's vote. Affirmed.
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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 | December |A 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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