Selected Federal and State Court Case Updates Presentation for National American Indian Court Judges Association National Tribal Judicial Conference By.

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Presentation transcript:

Selected Federal and State Court Case Updates Presentation for National American Indian Court Judges Association National Tribal Judicial Conference By Melody McCoy Native American Rights Fund October 19, 2012

U.S. Supreme Court Potentials  Tribal Sovereign Immunity from Suit o Young v. Fitzpatrick (No ) o Contour Spa v. Seminole Tribe (No ) o Furry v. Miccosukee Tribe (No )  Indian Child Welfare Act o Adoptive Couple v. Cherokee Nation (No ) 1

Tribal Civil Jurisdiction  Merits  Exhaustion  Application of Law  Comity and Enforcement 2

Federal Court Jurisdiction  Well-Pleaded Complaint Rule  Indispensable & Necessary Parties 3

Sovereign Immunity  3 rd Party Summonses  Tribal Officials  Tribal Entities  Removal 4

Criminal Issues  ICRA o Wilbur v. Makah Tribal Court (W.D. Wash.) o Miranda v. Anchondo (9 th Cir.) o Romero v. Goodrich (10 th Cir) 5

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