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2021 State Court Cases

December

Kevin H. v. State of Alaska
2021 WL 6136273
Supreme Court No. S-18022
Supreme Court of Alaska.
December 29, 2021

Legal Topics: Indian Child Welfare Act

Martinez v. State of Oklahoma
Materials via Turtle Talk
2021 WL 6202796
PCD-2020-612
Court of Criminal Appeals of Oklahoma.
December 30, 2021

Legal Topics: Criminal Jurisdiction; Reservation Disestablishment

Herrera v. Wyoming
Reverse and Remand Order
Materials via Turtle Talk
CV 2020-273
Fourth Judicial Circuit Court of Wyoming, Sheridan County.
December 3, 2021

Legal Topics: Treaty Rights - Hunting

In re Michelle C.
2021 WL 5801858
AND-21-159
Supreme Judicial Court of Maine.
December 7, 2021

Legal Topics: Indian Child Welfare Act; Parental Rights

Sipp v. Buffalo Thunder, Inc.
Materials via Turtle Talk
2021 WL 5823820
No. A-1-CA-36924
Court of Appeals of New Mexico.
December 8, 2021

Legal Topics: Indian Gaming; Gaming Compacts; Tribal Sovereign Immunity

State of Minnesota v. Randall
Materials via Turtle Talk
2021 WL 5764586
A21-0191
Court of Appeals of Minnesota.
December 6, 2021

Legal Topics: Public Law 280

November

In the Matter of the Determination of the Rights to the Use of Surface Waters of the Yakima River Drainage Basin v. Acquavella
498 P.3d 911
No. 99373-4
Supreme Court of Washington.
November 18, 2021

Legal Topics: Water Rights

In the Matter of the Welfare of the Child of: L.L.H. and C.A.M., Parents.
2021 WL 5442365
A21-0644, A21-0646
Court of Appeals of Minnesota.
November 22, 2021

Legal Topics: Indian Child Welfare Act

Acres v. Marston
Materials via Turtle Talk
71 Cal.App.5th 859
CO89344
Court of Appeal, Third District, California.
November 18, 2021

Legal Topics: Tribal Sovereign Immunity; Indian Gaming; Tribal Courts

Grossman v. City of El Paso
Materials via Turtle Talk
2021 WL 5232234
No. 08-19-00272-CV
Court of Appeals of Texas, El Paso.
November 10, 2021

Legal Topics: Cultural Resources; Antiquities Code of Texas

In re P.G.
2021 WL 5071543
Nos. 2021AP1231, 2021AP1232, 2021AP1233
Court of Appeals of Wisconsin.
November 2, 2021

Legal Topics: Indian Child Welfare Act

October

North Dakota v. Suelzle
Materials via Turtle Talk
965 N.W.2d 855
No. 20210028
Supreme Court of North Dakota.
October 28, 2021

Legal Topics: Law Enforcement Jurisdiction

Rincon Band of Luiseno Mission Indians of the Rincon Reservation California v. Flynt
Materials via Turtle Talk
70 Cal.App.5th 1059
D077571
Court of Appeal, Fourth District, Division 1, California.
October 28, 2021

Legal Topics: Indian Gaming; IGRA

In the Matter of the Welfare of the Child of: F.J.V., Parent.
2021 WL 4944677
A21-0522
Court of Appeals of Minnesota.
October 25, 2021

Legal Topics: Indian Child Welfare Act

In re Benjamin M. v. Guadalupe G.
70 Cal.App.5th 735
E077137
Court of Appeal, Fourth District, Division 2, California.
October 22, 2021

Legal Topics: Indian Child Welfare Act

State of Oklahoma v. Lawhorn
Materials via Turtle Talk
2021 WL 4929270
Case No. S-2020-858
Court of Criminal Appeals of Oklahoma.
October 21, 2021

Legal Topics: McGirt v. Oklahoma, Quapaw Indian Reservation

In re Banks
2021 WL 4809502
Nos. 357014, 357015
Court of Appeals of Michigan.
October 14, 2021

Legal Topics: Indian Child Welfare Act; Michigan Indian Family Preservation Act

State ex rel. Choctaw Nation of Oklahoma v. Sifferman
Materials via Turtle Talk
633 S.W.3d 876
No. SD 37148
Missouri Court of Appeals, Southern District, Division Two.
October 6, 2021

Legal Topics: Indian Child Welfare Act

 

September

Laws v. Greyeyes
Materials via Turtle Talk
498 P.3d 410
No. 20190088
Supreme Court of Utah
September 30, 2021

Legal Topics: Voting Rights

In the Matter of D.J.
378 N.C. 565
No. 528A20
Supreme Court of North Carolina.
September 24, 2021

Legal Topics: Indian Child Welfare Act

State of Alaska v. Arctic Village Council
495 P.3d 313
Supreme Court No. S-17902
Supreme Court of Alaska.
September 17, 2021

Legal Topics: Voting Rights; Absentee Ballots

In the Interest of J.S., G.S., and I.F., children
2021 WL 4238486
No. 07-21-00110-CV
Court of Appeals of Texas, Amarillo.
September 17, 2021

Legal Topics: Indian Child Welfare Act

In re Hotchkiss
2021 WL 4236677
No. 355542
Court of Appeals of Michigan.
September 16, 2021

Legal Topics: Indian Child Welfare Act

Interest of K.B.
964 N.W.2d 504
No. 20210109, No. 20210110
Supreme Court of North Dakota.
September 9, 2021

Legal Topics: Indian Child Welfare Act

Matter of D.A.
314 Or.App. 385
A175254, A175252, A175255, A175256, A175253
Court of Appeals of Oregon.
September 9, 2021

Legal Topics: Indian Child Welfare Act

 

August

In the Matter of A.L.
378 N.C. 396
No. 370A20
Supreme Court of North Carolina.
August 27, 2021

Legal Topics: Indian Child Welfare Act

In the Interest of T.H.
494 P.3d 851
No. 123,504
Court of Appeals of Kansas.
August 20, 2021

Legal Topics: Indian Child Welfare Act

Aimee H. v. Department of Child Safety
2021 WL 3674473
No. 1 CA-JV 20-0327
Court of Appeals of Arizona, Division 1.
August 19, 2021

Legal Topics: Indian Child Welfare Act

State ex. rel. Matloff v. Wallace
Materials via Turtle Talk
497 P.3d 686
Case No. PR-2021-366
Court of Criminal Appeals of Oklahoma.
August 12, 2021

Legal Topics: Criminal Jurisdiction; McGirt v. Oklahoma

Lavallie v. Jay
963 N.W.2d 287
No. 20190402
Supreme Court of North Dakota.
August 5, 2021

Legal Topics: Jurisdiction; Personal Injury

 

July

People of the State of Michigan v. Magnant
Materials via Turtle Talk
2021 WL 3235864
Nos. 159371; 159373
Supreme Court of Michigan.
July 30, 2021

Legal Topics: Tobacco Products Tax Act

Scudero v. State of Alaska
Materials via Turtle Talk
496 P.3d 381
Supreme Court No. S-17549
Supreme Court of Alaska.
July 23, 2021

Legal Topics: Fishing Rights

The People of the State of South Dakota in the Interest of C.R.W.
962 N.W.2d 730
No. 29111, No. 29117
Supreme Court of South Dakota.
July 21, 2021

Legal Topics: Indian Child Welfare Act

Charles P., Starlene M. v. Department of Child Safety
2021 WL 3088740
No. 1 CA-JV 20-0357
Court of Appeals of Arizona, Division 1.
July 22, 2021

Legal Topics: Indian Child Welfare Act

Haynes v. Lujan
Materials via Turtle Talk
2021 WL 3113045
No. A-1-CA-38014
Court of Appeals of New Mexico.
July 22, 2021

Legal Topics: Jurisdiction

Matter of White v. Tax Appeals Tribunal
Materials via Turtle Talk
196 A.D.3d 927
No. 530088
Supreme Court, Appellate Division, Third Department, New York.
July 15, 2021

Legal Topics: Taxation

Ronald H. v. Department of Health & Social Services, Office of Children's Services
490 P.3d 357
Supreme Court No. S-17890
Supreme Court of Alaska.
July 14, 2021

Legal Topics: Indian Child Welfare Act

The People of the State of South Dakota in the Interest of C.H.
Materials via Turtle Talk
962 N.W.2d 632
#29446-r-PJD
Supreme Court of South Dakota.
July 14, 2021

Legal Topics: Indian Child Welfare Act

The People of the State of Colorado in the Interest of D.M.F.D. and concerning M.L.D.
497 P.3d 14
Court of Appeals No. 20CA2005
Colorado Court of Appeals, Division II.
July 8, 2021

Legal Topics: Indian Child Welfare Act

In re K.S.
260 A.3d 387
Nos. 2020-154, 2020-172
Supreme Court of Vermont.
July 2, 2021

Legal Topics: Indian Child Welfare Act

June

In the Matter of the Dependency of G.J.A.
Materials via Turtle Talk
197 Wash.2d 868
No. 98554-5
Supreme Court of Washington.
June 24, 2021

Legal Topics: Indian Child Welfare Act

In re A.C.
65 Cal.App.5th 1060
E075333
Court of Appeal, Fourth District, Division 2, California.
June 25, 2021

Legal Topics: Indian Child Welfare Act

In the Matter of the Welfare of the Children of: B.M.S., T.J.R.T., and D.A.M.
2021 WL 2528446
A20-1623
Court of Appeals of Minnesota.
June 21, 2021

Legal Topics: Indian Child Welfare Act; Minnesota Indian Family Preservation Act

In Re N.R.
2021 WL 2272429
No. 20-1033
Supreme Court of Appeals of West Virginia.
June 3, 2021

Legal Topics: Indian Child Welfare Act

 

 

May

Makah Indian Tribe v. Commissioner of Public Lands
Materials via Turtle Talk
17 Wash.App.2d 1060
No. 54945-0-II
Court of Appeals of Washington, Division 2.
May 25, 2021

Legal Topics: Treaty Rights

Petitioner/Cross-Respondent: The People of the State of Colorado, In the Interest of Minor Children: K.C. and L.C., v. Respondents/Cross-Petitioners: K.C. and L.C., and Concerning Respondent: D.C.
Materials via Turtle Talk
487 P.3d 263
Supreme Court Case No. 20SC533
Supreme Court of Colorado.
May 24, 2021

Legal Topics: Indian Child Welfare Act

Great Plains Lending, LLC v. Department of Banking
Materials via Turtle Talk
339 Conn. 112
SC 20340
Supreme Court of Connecticut.
May 20, 2021

Legal Topics: Tribal Sovereign Immunity; Sovereign Lending

Jamelle A. v. Department of Child Safety
2021 WL 2010463
No. 1 CA-JV 20-0411
Court of Appeals of Arizona, Division 1.
May 20, 2021

Legal Topics: Indian Child Welfare Act

Stand Up For California! v. State of California
Materials via Turtle Talk
64 Cal.App.5th 197
F069302
Court of Appeal, Fifth District, California.
May 13, 2021

Legal Topics: Indian Gaming

Monice C. v. Department of Child Safety, Salt River Pima-Maricopa Indian Community
2021 WL 1921836
No. 1 CA-JV 20-0401
Court of Appeals of Arizona, Division 1.
May 13, 2021

Legal Topics: Indian Child Welfare Act

Stand Up For California! v. State of California Materials via Turtle Talk
2021 WL 1933336
F069302
Court of Appeal, Fifth District, California.
May 13, 2021

Legal Topics: Indian Gaming

Monice C. v. Department of Child Safety, Salt River Pima-Maricopa Indian Community
2021 WL 1921836
No. 1 CA-JV 20-0401
Court of Appeals of Arizona, Division 1.
May 13, 2021

Legal Topics: Indian Child Welfare Act

Walsh v. State of Minnesota
Materials via Turtle Talk
962 N.W.2d 201
A20-1083
Court of Appeals of Minnesota.
May 10, 2021

Legal Topics: Reservation Boundary; Law Enforcement Jurisdiction

In the Matter of the Welfare of the Child of T.A.V.G.
2021 WL 1846551
A20-1404
Court of Appeals of Minnesota.
May 10, 2021

Legal Topics: Indian Child Welfare Act; Minnesota Indian Family Preservation Act

In the Matter of N.C.H.
311 Or.App. 102
A174594
Court of Appeals of Oregon
May 5, 2021

Legal Topics: Indian Child Welfare Act

 

 

April

Michael C., Tyana T. v. Department of Child Safety, Greenville Rancheria
2021 WL 1696745
No. 1 CA-JV 20-0302
Court of Appeals of Arizona, Division 1.
April 29, 2021

Legal Topics: Indian Child Welfare Act

Olga C. v. Department of Child Safety, Tohono O'odham Nation
2021 WL 1696853
No. 1 CA-JV 20-0397
Court of Appeals of Arizona, Division 1.
April 29, 2021

Legal Topics: Indian Child Welfare Act

South Point Energy Center LLC v. Arizona Department of Revenue
Materials via Turtle Talk
251 Ariz. 263
No. 1 CA-TX 20-0004
Court of Appeals of Arizona, Division 1.
April 27, 2021

Legal Topics: Indian Taxation

In the Matter of M.L.B.
377 N.C. 335
No. 243A20
Supreme Court of North Carolina.
April 23, 2021

Legal Topics: Indian Child Welfare Act

Duke S. v. State of Alaska
2021 WL 1400899
Supreme Court No. S-17833
Supreme Court of Alaska.
April 14, 2021

Legal Topics: Indian Child Welfare Act

Harris v. Arkansas Department of Human Services
2021 Ark.App.158
No. CV-20-706
Court of Appeals of Arkansas, Division II.
April 7, 2021

Legal Topics: Indian Child Welfare Act

Matter of Welfare of Children of J.C.L.
958 N.W.2d 653
A20-1521
Court of Appeals of Minnesota.
April 12, 2021

Legal Topics: Indian Child Welfare Act

Grayson v. State of Oklahoma
Materials via Turtle Talk
485 P.3d 250
Case No. F-2018-1229
Court of Criminal Appeals of Oklahoma.
April 1, 2021

Legal Topics: Criminal Jurisdiction; Reservation Boundary

Spears v. State of Oklahoma
Materials via Turtle Talk
485 P.3d 873
Case No. F-2019-330
Court of Criminal Appeals of Oklahoma.
April 1, 2021

Legal Topics: Criminal Jurisdiction; Reservation Boundary

Sizemore v. State of Oklahoma
Materials via Turtle Talk
485 P.3d 867
Case No. F-2018-1140
Court of Criminal Appeals of Oklahoma.
April 1, 2021

Legal Topics: Criminal Jurisdiction; Reservation Boundary

 

 

March

Moyant v. Petit
Materials via Turtle Talk
247 A.3d 326
No. Pen-20-190
Supreme Judicial Court of Maine.
March 23, 2021

Legal Topics: Exhaustion of Tribal Court Remedies; Land Dispute

In re Cottelit/Payment
2021 WL 1056159
No. 354423
Court of Appeals of Michigan.
March 18, 2021

Legal Topics: Indian Child Welfare Act; Michigan Indian Family Preservation Act

State in Interest of A.R.F.
Materials via Turtle Talk
484 P.3d 1185
No. 20200795-CA
Court of Appeals of Utah.
March 18, 2021

Legal Topics: Indian Child Welfare Act

In the Matter of D.D.
403 Mont. 376
No. DA 20-0347
Supreme Court of Montana.
March 16, 2021

Legal Topics: Indian Child Welfare Act

Bosse v. State of Oklahoma
Materials via Turtle Talk
484 P.3d 286
No. PCD-2019-124
Court of Criminal Appeals of Oklahoma.
March 11, 2021

Legal Topics: Reservation Boundaries; Criminal Jurisdiction

Hogner v. State of Oklahoma
Materials via Turtle Talk
2021 WL 958412
No. F-2018-138
Court of Criminal Appeals of Oklahoma.
March 11, 2021

Legal Topics: Reservation Boundaries; Criminal Jurisdiction

In the Matter of K.L.N.
403 Mont. 342
No. DA 20-0315
Supreme Court of Montana.
March 9, 2021

Legal Topics: Indian Child Welfare Act

Unkechaug Indian Nation v. Treadwell
Materials via Turtle Talk
192 A.D.3d 729
2020-03645, 2020-06690
Supreme Court, Appellate Division, Second Department, New York.
March 3, 2021

Legal Topics: Land Assignment

February

Workforce Safety and Insurance v. Cherokee Services Corp.
Materials via Turtle Talk
955 N.W.2d 67
No. 20200166
Supreme Court of North Dakota.
February 18, 2021

Legal Topics: Sovereign Immunity

In re Kameron N.
2021 WL 609020
No. AC 44086
Appellate Court of Connecticut.
February 16, 2021

Legal Topics: Indian Child Welfare Act

 

Walker E. v. State of Alaska
480 P.3d 598
Supreme Court No. S-17778
Supreme Court of Alaska.
February 12, 2021

Legal Topics: Indian Child Welfare Act

People of the State of Michigan v. Caswell
Material via Turtle Talk
2021 WL 519712
No. 353537
Court of Appeals of Michigan.
February 11, 2021

Legal Topics: Treaty Rights

In re Groves
2021 WL 527389
No. 354216, No. 354217
Court of Appeals of Michigan.
February 11, 2021

Legal Topics: Michigan Indian Family Preservation Act

Warehouse Market Inc. v. State of Oklahoma and Muscogee (Creek) Nation
Materials via Turtle Talk
481 P.3d 250
No. 118504
Supreme Court of Oklahoma.
February 2, 2021

Legal Topics: Nonmember Taxation

State of South Dakota v. Cummings
Materials via Turtle Talk
954 N.W.2d 731
No. 29010
Supreme Court of South Dakota.
January 27, 2021

Synopsis: Defendant, a Native American, was indicted for third-degree burglary, grand theft, and intentional damage to property. The Circuit Court, Sixth Judicial Circuit, Bennett County, Bobbi J. Rank, J., granted defendant's motion to suppress statements he made to state officer, determining officer lacked authority to investigate crimes in Indian country. The State petitioned for intermediate appeal.
Holdings: The Supreme Court, Jensen, J., held that:
1) state officer did not violate any jurisdictional principles by entering Indian country to investigate crimes that occurred outside Indian country, abrogating State v. Spotted Horse, 462 N.W.2d 463 and State v. Cummings, 2004 S.D. 56, 679 N.W.2d 484, and
2) officers' encounter with defendant at his home in Indian country was consensual, and thus, did not constitute a seizure for purposes of the Fourth Amendment.
Reversed and remanded.

Confederated Tribes and Bands of the Yakama Nation v. Okanogan County
Materials via Turtle Talk
2021 WL 347346
16 Wash.App.2d 1030
Court of Appeals of Washington, Division 3.
February 2, 2021

Legal Topics: Land Use Ordinance

 

 

January

Self v. Cher-Ae Heights Indian Community of the Trinidad Rancheria
Materials via Turtle Talk
60 Cal.App.5th 209
No. A158632
Court of Appeal, First District, Division 5, California.
January 26, 2021

Legal Topics: Sovereign Immunity; Quiet Title Action

Jesse S. v. Department of Child Safety, Pascua Yaqui Tribe
2021 WL 126959
No. 1 CA-JV 20-0268
Court of Appeals of Arizona, Division 1.
January 14, 2021

Legal Topics: Indian Child Welfare Act