2021-2022 Term
Supreme Court Cases Related to Indian Law
Cert Granted
Subject Matter: Double jeopardy
Question Presented: Is the Court of Indian Offenses of Ute Mountain Ute Agency a federal agency such that Merle Denezpi's conviction in that court barred his subsequent prosecution in a United States District Court for a crime arising out of the same incident?
History: Petition was filed on 3/26/21. Petition was granted on 10/18/21. Case was decided on 6/13/22.
Ruling Below: United States v. Denezpi, 979 F.3d 777.
Subject Matter: State criminal jurisdiction in Indian country
Questions Presented: Whether a State has authority to prosecute non-Indians who commit crimes against Indians in Indian Country. Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.
History: Petition was filed on 9/17/21. Petition was granted on 1/21/22. Case was decided on 6/29/22.
Ruling Below: Castro-Huerta v. State, 2021 WL 8971915.
Subject Matter: Indian gaming
Question Presented: Whether the Restoration Act provides the Pueblo with sovereign authority to regulate non-prohibited gaming activities on its lands (including bingo), as set forth in the plain language of Section 107(b), the Act's legislative history, and this Court's holding in California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987), or whether the Fifth Circuit's decision affirming Ysleta I correctly subjects the Pueblo to all Texas gaming regulations.
History: Petition was filed on 10/9/20. Petition was granted on 10/18/21. Case was decided on 6/15/22.
Ruling Below: State of Texas v. Ysleta del Sur Pueblo, 955 F.3d 408.
Petitions Related to Oklahoma v. Castro-Huerta
On June 30, 2022, the day after it issued its Castro-Huerta decision, the Court granted certiorari in these cases, vacated and remanded the cases to the Oklahoma Court of Criminal Appeals for reconsideration in light of Castro-Huerta.
Subject Matter: State criminal jurisdiction in Indian country
History: Petitions were filed August 21, 2021 – January 26, 2022. Petition was granted on 6/30/22. Judgment vacated and and case remanded for further consideration in light of Oklahoma v. Castro-Huerta (See GRV order).
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Cert Denied
Subject Matter: Judicial immunity from suit
History: Petition was filed on 3/14/22. Petition was denied on 6/21/22.
Ruling Below: Acres Bonusing, Inc. v. Marston. 17 F.4th 901.
Subject Matter: Indian Civil Rights Act habeas corpus
History: Petition was filed on 4/13/22. Petition was denied on 6/21/22.
Ruling Below: Adams v. Dodge. 2021 WL 458394.
Subject Matter: State taxation in Indian country
History: Petition was filed on 3/22/22. Petition was denied on 5/16/22.
Ruling Below: Albrecht v. Cnty. of Riverside, 68 Cal.App.5th 692, 283 Cal.Rptr.3d 716.
Subject Matter: Alaska Native Claims Settlement Act
History: Petition was filed on 4/21/22. Petition was denied on 6/27/22.
Ruling Below: Gwitchyaa Zhee Corp. v. Alexander, 2021 WL 5917595.
Subject Matter: Preemption of state regulation
History: Petition was filed on 11/4/21. Petition was denied on 2/22/22.
Ruling Below: Big Sandy Rancheria Enterprises v. Bonta, 1 F.4th 710.
Subject Matter: Federal recognition
History: Petition was filed on 1/14/22. Petition was denied on 3/28/22.
Ruling Below: Shingle Springs Band of Miwok Indians v. Cabellero. 2021 WL 4938130.
Subject Matter: Federal income tax
History: Petition was filed on 8/13/21. Petition was denied on 10/12/21.
Ruling Below: Clay v. Comm'r of Internal Revenue, 990 F.3d 1296.
Subject Matter: National Environmental Policy Act (NEPA); Treaty rights
History: Petition was filed on 9/20/21. Petition was denied on 2/22/22.
Ruling Below: Standing Rock Sioux Tribe v. United States Army Corps of Engineers, 985 F.3d 1032.
Subject Matter: Constitutional law
History: Petition was filed on 8/23/21. Petition was denied on 1/10/22.
Ruling Below: Grand River Enterprises Six Nations, LTD. v. Boughton. 988 F.3d 114.
Subject Matter: Federal criminal jurisdiction
History: Petition was filed on 10/4/21. Petition was denied on 1/10/22.
Ruling Below: United States v. Haggerty, 997 F.3d 292.
Subject Matter: Water rights
History: Petition was filed on 10/5/21. Petition was denied on 3/21/22.
Ruling Below: Hawkins v. Haaland, 991 F.3d 216.
Subject Matter: Treaty fishing rights at Usual and Accustomed fishing places
History: Petition was filed on 12/17/21. Petition was denied on 2/22/22.
Ruling Below: Lower Elwha Klallam Indian Tribe v. Lummi Nation, 849 Fed.Appx. 216.
Subject Matter: Tribal sovereign immunity from suit
History: Petition was filed on 4/21/21. Petition was denied on 10/4/21.
Ruling Below: Jamul Action Committee v. Simermeyer, 974 F.3d 984.
Subject Matter: Reservation boundaries
History: Petition was filed on 12/16/21. Petition was denied on 4/18/22.
Ruling Below: Confederated Tribes & Bands of Yakama Nation v. Klickitat Cnty., 1 F.4th 673.
Subject Matter: Civil Rights Act, Tribal sovereign immunity from suit
History: Petition was filed on 6/25/21. Petition was denied on 10/4/21.
Ruling Below: Ledford v. E. Band of Cherokee Indians, 845 Fed.Appx. 260.
Subject Matter: Reservation status
History: Petition was filed on 11/19/21. Petition was denied on 2/28/22.
Ruling Below: Little Traverse Bay Bands of Odawa Indians v. Whitmer, 998 F.3d 269.
Subject Matter: Reservation status; Treaty fishing rights
History: Petition was filed on 12/3/21. Petition was denied on 4/18/22.
Ruling Below: Penobscot Nation v. Frey, 3 F.4th 484.
Subject Matter: Federal taxation
History: Petition was filed on 3/31/21. Petition was denied on 10/4/21.
Ruling Below: Perkins v. Commissioner of Internal Revenue, 970 F.3d 148.
Subject Matter: Res judicata, Tribal hunting and gathering rights
History: Petition was filed on 2/10/22. Petition was denied on 3/21/22.
Ruling Below: Snoqualmie Indian Tribe v. State of Washington, 8 F.4th 853.
Subject Matter: Alaska Native fishing rights; State criminal jurisdiction
History: Petition was filed on 1/19/22. Petition was denied on 4/25/22.
Ruling Below: Scudero v. State of Alaksa, 496 P.3d 381.
Subject Matter: Tribal sovereign immunity from suit
History: Petition was filed on 9/27/21. Petition was denied on 2/22/22.
Ruling Below: Self v. Cher-Ae Heights Indian Community of the Trinidad Rancheria, 60 Cal.App.5th 209.
Subject Matter: Res judicata, Tribal hunting and gathering rights
History: Petition was filed on 3/11/22. Petition was denied on 4/25/22.
Ruling Below: Snoqualmie Indian Tribe v. State of Washington, 8 F.4th 853.
Subject Matter: Federal recognition, land-into-trust
History: Petition was filed on 11/8/21. Petition was denied on 1/10/22.
Ruling Below: Stand Up for California! v. United States Dep't of the Interior, 994 F.3d 616.
Subject Matter: Indian Gaming Regulatory Act; Indian lands
History: Petition was filed on 11/17/21. Petition was denied on 1/10/22.
Ruling Below: Cayuga Nation v. Tanner, 6 F.4th 361.
Subject Matter: Tribal sovereign immunity from suit; arbitration
History: Petition was filed on 2/14/22. Petition was dismissed on 5/18/22.
Ruling Below: Hengle v. Treppa, 19 F.4th 324.
Subject Matter: Treaty fishing rights
History: Petition was filed on 12/3/21. Petition was denied on 4/18/22.
Ruling Below: Penobscot Nation v. Frey, 3 F.4th 484.
Denied Petitions Related to McGirt v. Oklahoma
After the Court decided McGirt v. Oklahoma (18-9526) in 2020, more than sixty petitions were filed seeking review of Oklahoma Court of Criminal Appeals decisions involving people convicted of crimes in state court that were subject to federal jurisdiction under either the Major Crimes Act or the Indian Country Crimes Act.
Subject Matter: Criminal jurisdiction in Indian country
History: Petitions were filed June 4, 2021 - February 8, 2022. Petitions were denied or dismissed September 10, 2021 - May 16, 2022.
Ruling Below: Cole v. State of Oklahoma, 499 P.3d 760.
Ruling Below: Bosse v. State of Oklahoma, 484 P.3d 286.
Ruling Below: Grayson v. State, 485 P.3d 250.
Ruling Below: Sizemore v. State, 485 P.3d 867.
Ruling Below: Spears v. State, 485 P.3d 873.
Ruling Below: State ex rel. Matloff v. Wallace, 497 P.3d 686.
Ruling Below: Ryder v. State, 500 P.3d 647.
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