Justia Native American Law Opinion Summaries

Appellants filed a class action claiming the right to title and possession of twelve square miles of land in southern Minnesota. Appellants allege that they are lineal descendants of the Mdewakanton band of the Sioux tribe who were loyal to the United States during the 1862 uprising, and that the Secretary of the Interior set apart the twelve square miles for the loyal Mdewakanton and their descendants. The court concluded that the district court correctly held that appellants failed to state a claim under federal common law as set forth in the progeny of Oneida Indian Nation v. County of Oneida; the district court properly granted defendants' motions to dismiss on the ground that Section 9 of the Act of February 16, 1863, Act of Feb. 16, 1863, ch. 37, 9, 12 Stat. 652, 654, does not provide a private remedy to the loyal Mdewakanton; the district court abused its discretion when it imposed sanctions, and the claims regarding the appellate-cost bond are moot; and, because the district court made no findings regarding the propriety of the Municipal Appelllees' motion for costs, the motion was moot. Accordingly, the court affirmed the district court's grant of appellees' motion to dismiss; vacated the order imposing sanctions and requiring an appellate-cost bond; and remanded for limited consideration of Municipal Appellees’ motion for costs Under Rule 54(d) and 28 U.S.C. 1920. View "Wolfchild v. Redwood County" on Justia Law

Defendants Christopher and Jordan were found guilty of assault with a dangerous weapon and assault resulting in serious bodily injury, both in violation of 18 U.S.C. 2, 113, and 1153. The court concluded that the admission of the certificates of the degree of Indian blood did not violate Christopher’s and Jordan’s Sixth Amendment rights because they were admissible as non-testimonial business records. In this case, the enrollment clerk here did not complete forensic testing on evidence seized during a police investigation, but instead performed the ministerial duty of preparing certificates based on information that was kept in the ordinary course of business. Moreover, in addition to the certificates, the government elicited testimony from the deputy superintendent for trust services that Christopher and Jordan were enrolled in the Standing Rock Sioux Tribe. The court also concluded that the district court did not abuse its discretion in denying the lesser-included-offense instruction; there was no error in the district court’s questioning of the emergency room doctor; and the evidence was sufficient to convict Jordan of assault with a dangerous weapon or assault resulting in serious bodily injuries. Accordingly, the court affirmed the judgment. View "United States v. Rainbow" on Justia Law

Defendant appealed his conviction and sentence for domestic assault in Indian country by an habitual offender in violation of 18 U.S.C. 117. The court concluded that the district court did not err in denying defendant’s motion in limine and in allowing the government to use his prior simple-assault conviction as a predicate offense under section 117(a); it was reasonable for the jury to credit the victim’s corroborated testimony and find defendant guilty of domestic assault; and defendant's sentence is substantively reasonable where the district court sentenced him at the bottom of the Guidelines range after considering various factors such as his health, history of criminal assault, seriousness of domestic violence, failure to accept responsibility, and his lack of remorse. Accordingly, the court affirmed the judgment. View "United States v. Harlan" on Justia Law

Bettor Racing sought judicial review of NIGC finding that Bettor Racing had committed three violations of the Federal Indian Gaming Regulatory Act, 25 U.S.C. 2711(a), and NIGC's issuance of a Notice and Civil-Fine Assessment. The court concluded that the facts support NIGC’s finding that Bettor Racing (1) operated without an NIGC-approved management contract, (2) operated under two unapproved modifications, and (3) held the sole proprietary interest in the gaming operations. Therefore, the district court did not err in upholding the charged violations. The court also concluded that the district court did not err in finding the $5 million fine both reasonable and constitutional. Finally, the court rejected Bettor Racing's contention that NIGC violated its right to due process when the agency dismissed the case on summary judgment without a hearing because NIGC relied on undisputed facts in reaching its conclusion. Accordingly, the court affirmed the judgment. View "Bettor Racing, Inc. v. National Indian Gaming Comm." on Justia Law