CASE ANALYSIS

United States v. Zepeda, 10-10131, 2013 WL 5273093 (9th Cir. Sept. 19, 2013).

In United States v. Zepeda, the defendant drove to the victim’s home on the Ak-Chin Reservation in Arizona, and opened fire on the people within.  He seriously injured one person, and was charged and convicted of conspiracy to commit assault, assault with a deadly weapon, and use of a firearm during a crime of violence.  The defendant was alleged to be an “Indian” in the indictment. See PDF for complete summary.

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Alto v. Black, ---F.3d --- , 13 Cal. Daily Op. Serv. 13, 995, WL 6813816 (9th Cir.) (2013).

In Alto v. Black, the 9th Circuit held that an appeal from the Bureau of Indian Affairs’ (hereinafter “BIA”) decision regarding membership was reviewable under the APA, and that the tribe was not a necessary party to the suit because of their delegation of final membership determination to the BIA.  See PDF for complete summary

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Akiachak Native Community v. Salazar, 953 F. Supp.2d 195 (D.C.C. March 31, 2013).

In Akiachak Native Community v.

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Evans v. Shoshone-Bannock Land Use Policy Com’n, 736 F.3d 1298 (9th Cir.) (Dec. 5, 2013).

In Evans v. Shoshone-Bannock Land Use Policy Com’n, the 9th Circuit held that land on a reservation owned in fee simple by a non-Indian was clearly not in the jurisdiction of tribal courts. The court narrowly applied the rules formulated by Brendale, finding that the nature of the reservation area including the ‘non-Indian land’ was not closed to the public in a way that would allow it to fit the narrow zoning exception that would uphold tribal jurisdiction.

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Dolgencorp, Inc. v. Miss. Band of Choctaw Indians, 732 F.3d 409 (5th Cir. 2013).

In Dolgencorp, Inc. v. Miss. Band of Choctaw Indians,  the Fifth Circuit Court of Appeals affirmed the United States District Court for the Southern District of Mississippi, Jackson Division's grant of summary judgment in favor of the tribal defendants.   The Fifth Circuit held that Dolgencorp's consensual relationship with tribal plaintiff, John Doe, gave rise to tribal court jurisdiction over Doe's claims  under Montana v. United States.   This case is significant because the Fifth Circuit's interpretation and application of Montana and Plains Commerce Bank v.

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