2020 State Court Cases

Last updated: February 26, 2020

Next update should be ready by: March 4, 2020

Recently Added Cases:

Hwal'Bay Ba J Enterprises, Inc. v. Jantzen
Materials via Turtle Talk
2020 WL 891158
No. CV-19-0123-PR
Supreme Court of Arizona.
February 25, 2020

Legal Topics: Sovereign Immunity

Cowlitz Tribal Gaming Authority v. Clark County Sheriff's Office
Materials via Turtle Talk
2020 WL 901456
No. 52826-6-II
Court of Appeals of Washington, Division 2.
February 25, 2020

Legal Topics: Indian Gaming

Older Cases:

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February

In re Guardianship of Eliza W.
Materials via Turtle Talk
2020 WL 594097
No. S-18-1141
Supreme Court of Nebraska.
February 7, 2020

Legal Topics: Indian Child Welfare Act

Herpel v. County of Riverside
Materials via Turtle Talk
2020 WL 614894
No. E070618
Court of Appeal, Fourth District, Division 2, California.
February 10, 2020

Legal Topics: Indian Tax Regulations

 

January

Ohio History Connection v. The Moundbuilders Country Club Company
Materials via Turtle Talk
2020 WL 489189
No. 2019 CA 00039
Court of Appeals of Ohio, Fifth District, Licking County.
January 29, 2020

Legal Topics: Cultural Resources; Sacred Sites



In the Matter of the Parental Rights to D.J.S.
Materials via Turtle Talk
2020 WL 425062
No. 36423-2-III
Court of Appeals of Washington, Division 3.
January 28, 2020

*Synopsis: Department of Social and Health Services (DSHS) filed petition to terminate parental rights of father, who was enrolled member of Indian tribe, to child. Following trial, trial court ordered termination of parental rights. On father's appeal, DSHS agreed to remand case for second trial for failure to notify tribal nation of proceedings. Following new trial, the Superior Court, Chelan County, No. 17-7-70024-2, Tracy S. Brandt, J., ordered termination of parental rights. Father appealed.

*Holding: The Court of Appeals, Fearing, J., held that:
1) DSHS failed to afford parent with all ordered and necessary services,
2) Offer of parenting services concurrent with substance abuse treatment would have been futile;
3) DSHS failed to make active efforts to prevent breakup of Indian family;
4) Remand was necessary to determine whether active efforts to prevent breakup of Indian family would have been futile;
5) Sufficient evidence supported finding that continuing relationship between father and child would impede child's welfare, and
6) Sufficient evidence supported finding that father's custody of child would result in serious emotional or phyiscal harm to child.
Reversed and remanded with instructions.

 

Gustafson v. Poitra
Materials via Turtle Talk
2020 WL 373052
No. 20190230
Supreme Court of North Dakota.
January 23, 2020

*Synopsis: After quieting title to property, which was non-Indian fee land located within Indian reservation, property owner filed an eviction action against claimants. The District Court, Rolette County, Northeast Judicial District, Anthony Swain Benson, J., granted the eviction. Claimant appealed.

*Holding: The Supreme Court, Crothers, J., held that claimants failed to establsih that the district court lacked jurisdiction or has been divested of jurisdiction to adjudicate an action for eviction regarding property. Affirmed.

 

Mendoza v. Isleta Resort and Casino
Materials via Turtle Talk
2020 WL 241008
No. S-1-SC-37034
Supreme Court of New Mexico.
January 16, 2020

Legal Topics: Tribal Sovereign Immunity

State of Minnesota v. Thompson
Materials via Turtle Talk
2020 WL 218405
No. A18-0545
Supreme Court of Minnesota.
January 15, 2020

*Synopsis: Defendant was convicted in the District Court, Beltrami County, John G. Melbye, J., of first-degree driving while impaired (DWI), which allegedly occurred on Indian reservation. Defendant appealed. The Court of Appeals, 929 N.W.2d 21, affirmed. Defendant petitioned for review, which was granted.

*Holding: The Supreme Court, Thissen, J., held that tribal police officer was authorized to detain and remove defendant from reservation.
Affirmed.

State of New Mexico v. Salazar
Materials via Turtle Talk
2020 WL 239879
No. A-1-CA-36206
Court of Appeals of New Mexico.
January 15, 2020

Legal Topics: Criminal Jurisdiction

 

The People in the Interest of S.B.
2020 WL 34683
No. 19CA0198
Colorado Court of Appeals, Division IV.
January 2, 2020

Legal Topics: Indian Child Welfare Act

 

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