CASE ANALYSIS

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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United States v. First, 731 F.3d 998 (9th Cir. 2013).

In United States v. First,  the Ninth Circuit Court of Appeals reversed the United States District Court for the District of Montana's dismissal of the government's indictment of Lakota Thomas First for misdemeanor firearms possession.   The Ninth Circuit held that misdemeanor convictions obtained in tribal courts may qualify as predicate offenses to a prosecution under 18 U.S.C.

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Muwekma Ohlone Tribe v. Salazar, No. 11-5328, 2013 WL 765009 (D.C. Cir. March 1, 2013).

In Muwekma Ohlone Tribe v. Salazar, the United States Court of Appeals for the District of Columbia Circuit denied the Muwekma's petition to order the Secretary of the Interior to recognize it as an Indian tribe. This case is significant because the Muwekma were previously a federally recognized Indian tribe, but, unlike other similarly situated tribes, they were not allowed to enjoy a summary process to re-attain recognition.

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