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Last updated: October 30, 2009
Next update should be ready by: November 13, 2009
Selected Indian Law Cases Discovered: Through October 30, 2009
Please alert us to any cases we may have missed from the U.S. Courts of
Appeals.
Nkihtaqmikon v. Impson
2009 WL 3448231
No. 08-2122
United States Court of Appeals, First Circuit, October 28, 2009
Subjects: not yet available
*Synopsis: Following dismissal, 462 F.Supp.2d 86, of action challenging Bureau of
Indian Affairs' (BIA) approval of Indian tribe's decision to lease tribal land to
be used for a liquefied natural gas (LNG) terminal, appeal was taken. The Court of
Appeals, 503 F.3d 18, affirmed in part and remanded in part, and BIA filed a
second motion to dismiss. On remand, the United States
District Court for the District of Maine, John A. Woodcock, Jr., J., 573
F.Supp.2d 311, granted motion. Plaintiffs appealed.
*Holding: The Court of Appeals, Boudin, Circuit Judge, held that Court of
Appeals' prior ruling that administrative exhaustion was mandatory was the law of
the case.
Affirmed.
United States v. Espinosa
581 F.3d 826
No. 08-3354
United States Court of Appeals, Eighth Circuit, September 18, 2009
Subjects: not yet available
*Synopsis: Defendant was convicted of aggravated sexual abuse and abusive sexual
contact, following jury trial in the United States District Court for the District
of South Dakota, Charles B. Kornmann, Senior District Judge. Defendant appealed.
*Holding:The Court of Appeals, Smith, Circuit Judge, held that:
(1) conviction for aggravated sexual abuse was supported by sufficient evidence;
(2) evidence was insufficient to show that child's age was below twelve when
alleged sexual contact occurred, as required to support conviction for abusive
sexual contact;
(3) mistrial was not warranted due to psychiatrist's testimony that it was her
opinion that child had suffered sexual abuse;
(4) statements from witnesses attesting to child's alleged prior consistent
statements accusing defendant of abuse were not hearsay.
Affirmed in part, reversed in part, and remanded.
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