 |
|
|
Last updated: August 7, 2008
Next update will be updated on or before: August 15, 2008
Selected
Indian Law Cases Discovered: July 31 - August 7
Please alert us
to any cases we may have missed from the state courts.
Beltran v. Harrah's Arizona Corporation
2008 WL 2931392
No. 2 CA-CV 2007-0169
Court of Appeals of Arizona, Division 2, Department B., July 31, 2008
Subjects: not yet available
*Synopsis: (from the opinion) Appellants Raul and Ann Beltran appeal from the trial court's dismissal of their personal injury complaint against appellees Harrah's Arizona Corporation, Harrah's Entertainment, Inc., and the Ak-Chin Indian Community. The Beltrans contend, for several reasons, the trial court erred in finding them precluded from bringing their claim in superior court on the ground the claim had already been litigated in the Ak-Chin Indian Community tribal court. For the reasons below, we affirm.
*Holding: not yet available
In re "A" Children
2008 WL 2931637
Civil Action No. 03-2220-DJW
Intermediate Court of Appeals of Hawai'i, July 31, 2008
Subjects: not yet available
*Synopsis: In child-protection proceedings, Department of Human Services (DHS) moved to terminate mother's parental rights to five children, and father's parental rights to the two children who were his biological children. Following a trial, the Family Court of the First Circuit terminated parental rights and granted DHS permanent custody. Both parents appealed.
*Holding: The Intermediate Court of Appeals, Watanabe, P. J., held that:
(1) evidence was sufficient to establish that mother was unable to provide a safe home for her children and that DHS made reasonable efforts to reunite mother with her children;
(2) father, a native Hawaiian, was not entitled to the beyond-a-reasonable-doubt-proof standard applicable to the termination of parental rights of native Americans under the Indian Child Welfare Act (ICWA); and
(3) father, who was indigent, was deprived of his constitutional right to due process when he was not provided with appointed counsel until 16 days before the termination hearing.
Affirmed in part, and vacated and remanded in part.
|
|
|
|
A service of the National Indian Law Library of the Native
American Rights Fund
Text highlighted in blue
are links to information available on the Internet free of charge.
Text highlighted in green are
links to information available on Westlaw, for the convenience of
those who have a Westlaw account. Please contact the National Indian
Law Library if you need help obtaining legal documents.
The National Indian Law Library and Native American Rights Fund are not
affiliated with Westlaw. See www.westlaw.com for
more information about the Westlaw legal databases.
* Synopsis and holding provided under an agreement with Westlaw.com
www.westlaw.com
|
|
