Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D056307
|
Skyler H., a Minor
Notice is not required under Indian Child Welfare Act where totality of family circumstances indicates low probability that child is Indian child. |
Native American Affairs |
|
Jul. 29, 2010 | |
07-16336
|
Te-Moak Tribe of Western Shoshone of Nevada v. United States Dept. of the Interior
Bureau of Land Management’s environmental assessment is flawed because it does not take 'hard look' at environmental impact on tribe’s cultural resources. |
Native American Affairs |
|
Jun. 21, 2010 | |
09-30193
|
U.S. v. Gallaher
Federal Death Penalty Act does not impose statute of limitation for first-degree murder, regardless of death penalty availability. |
Native American Affairs |
|
Jun. 3, 2010 | |
08-35961
|
United States v. Confederated Tribes of the Colville Indian Reservation
Based on their representatives’ purported understanding of 1800s agreements, Native American tribes share non-exclusive fishing rights at Pacific Northwest fishery. |
Native American Affairs |
|
May 28, 2010 | |
09-30193
|
U.S. v. Gallaher
Federal Death Penalty Act does not impose statute of limitation for first-degree murder, regardless of death penalty availability. |
Native American Affairs |
|
May 19, 2010 | |
08-35938
|
Evans v. United States Dept. of Interior
Tribe may not intervene in tribal recognition proceedings where potential recognition would not effect intervening tribe's rights. |
Native American Affairs |
|
May 14, 2010 | |
08-16786
|
Eagle v. Yerington Paiute Tribe
Indian status is not an essential element of tribal misdemeanor child abuse offense. |
Native American Affairs |
|
May 10, 2010 | |
08-55809
|
Rincon Band of Luiseno Mission Indians of the Rincon Reservation v. Schwarzenegger
California negotiates in bad faith by conditioning agreement to expand tribal gaming rights on percentage payment of revenue into State general fund. |
Native American Affairs |
|
Apr. 21, 2010 | |
A123859
|
Parchester Village Neighborhood Council v. City of Richmond
Tribe’s casino plan is not City ‘project’ under California Environmental Quality Act where City has no regulatory authority over casino’s proposed site. |
Native American Affairs |
|
Mar. 29, 2010 | |
08-55037
|
Jeffredo v. Macarro
Disenrollment of tribal member status does not qualify as detention under Indian Civil Rights Act. |
Native American Affairs |
|
Mar. 22, 2010 | |
E048581
|
M.B., a Minor
Indian expert need not interview parents unless behavior patterns must be placed in context of Indian culture to determine likeliness of serious harm. |
Native American Affairs |
|
Mar. 22, 2010 | |
08-30223
|
U.S. v. Maggi
Court improperly convicts two defendants under Major Crimes Act after it erroneously establishes that they had Indian status. |
Native American Affairs |
|
Mar. 16, 2010 | |
07-304
|
Opinion of Brown
Hiring preference provisions in Tribal Employment Rights Ordinances are not discriminatory for highway construction projects running through Indian land. |
Native American Affairs |
|
Mar. 9, 2010 | |
D054439
|
Mike v. Franchise Tax Board
State may impose tax on income received by tribe member from her tribe's reservation activities when member resides different tribe's reservation. |
Native American Affairs |
|
Mar. 7, 2010 | |
09-30020
|
U.S. v. Other Medicine
Native American properly charged with state felony child abuse law under Major Crimes Act because no adequate federal law existed. |
Native American Affairs |
|
Feb. 28, 2010 | |
A123859
|
Parchester Village Neighborhood Council v. City of Richmond
Tribe’s casino plan is not City ‘project’ under California Environmental Quality Act where City has no regulatory authority over casino’s proposed site. |
Native American Affairs |
|
Feb. 25, 2010 | |
E047368
|
W.B., a Minor
Court does not violate Indian Child Welfare Act where minor committed act that would be crime if committed by adult. |
Native American Affairs |
|
Feb. 23, 2010 | |
A122651
|
Noreen G., a Minor
Court must examine whether minors are Indian children before declaring them free from parents to ensure Indian Child Welfare Act compliance. |
Native American Affairs |
|
Feb. 11, 2010 | |
08-35794
|
U.S. v. State of Washington
Indian tribe that was denied treaty rights cannot reopen judgment based merely on newfound federal recognition. |
Native American Affairs |
|
Jan. 28, 2010 | |
A124843
|
Z.N., a Minor
Court takes judicial notice of tribal notices from child's half siblings' cases in finding compliance with notice mandates of Indian Child Welfare Act. |
Native American Affairs |
|
Jan. 25, 2010 | |
07-35061
|
Upper Skagit Indian Tribe v. State of Washington
Fishing locations are not within tribe's usual and accustomed fishing grounds where judge did not intend to include those locations in prior determination. |
Native American Affairs |
|
Jan. 6, 2010 | |
08-55037
|
Jeffredo v. Macarro
Disenrollment of tribal member status does not qualify as detention under Indian Civil Rights Act. |
Native American Affairs |
|
Dec. 23, 2009 | |
C060573
|
R.R., a Minor
Indian Child Welfare Act applies in proceeding where juvenile may be placed in foster care for criminal acts. |
Native American Affairs |
|
Dec. 21, 2009 | |
08-35794
|
United States of America v. State of Washington
Indian tribe that was denied treaty rights cannot reopen judgment based merely on newfound federal recognition. |
Native American Affairs |
|
Dec. 14, 2009 | |
F056765
|
J.B., a Minor
Welfare and Institutions Code does not require additional finding of serious harm when Indian child’s custody is transferred between parents. |
Native American Affairs |
|
Oct. 27, 2009 | |
C057166
|
Hollywood Park Land Co. LLC v. Golden State Transportation Financing Corp.
Review of action alleging unconstitutionality of Indian gaming bonds compacts cannot be exclusively mandated to California Supreme Court. |
Native American Affairs |
|
Oct. 27, 2009 | |
D054918
|
Damian C., a Minor
Notice to tribe regarding child’s detention is required under Indian Child Welfare Act where child’s mother and grandfather suspected Indian heritage. |
Native American Affairs |
|
Oct. 9, 2009 | |
D054257
|
G.L., a Minor
Failure to notify custodian of right to intervene does not violate Indian Child Welfare Act where agency did not know custodian's status. |
Native American Affairs |
|
Sep. 11, 2009 | |
A121951
|
Melissa R., a Minor
Failure to comply with requirements of Indian Child Welfare Act does not require reversal where child had reached age of majority. |
Native American Affairs |
|
Aug. 31, 2009 | |
A122581
|
B.R., a Minor
Indian Child Welfare Act applies to determine tribe membership for children whose father was adopted into Indian ancestry. |
Native American Affairs |
|
Aug. 14, 2009 |