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Selected Federal and State Court Case Updates Presentation for National American Indian Court Judges Association National Tribal Judicial Conference By Melody McCoy Native American Rights Fund www.narf.org October 19, 2012

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Page 1: Selected Federal and State Court Case Updates Presentation for National American Indian Court Judges Association National Tribal Judicial Conference By

Selected Federal and State CourtCase Updates

Presentation forNational American Indian Court Judges Association

National Tribal Judicial Conference

By Melody McCoyNative American Rights Fund

www.narf.org

October 19, 2012

Page 2: Selected Federal and State Court Case Updates Presentation for National American Indian Court Judges Association National Tribal Judicial Conference By

U.S. Supreme Court Potentials

Tribal Sovereign Immunity from Suito Young v. Fitzpatrick (No. 11-1485)o Contour Spa v. Seminole Tribe (No. 12-372)o Furry v. Miccosukee Tribe (No. 12-376)

Indian Child Welfare Acto Adoptive Couple v. Cherokee Nation (No. 12-399)

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Page 3: Selected Federal and State Court Case Updates Presentation for National American Indian Court Judges Association National Tribal Judicial Conference By

Tribal Civil Jurisdiction

Merits

Exhaustion

Application of Law

Comity and Enforcement

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Page 4: Selected Federal and State Court Case Updates Presentation for National American Indian Court Judges Association National Tribal Judicial Conference By

Federal Court Jurisdiction

Well-Pleaded Complaint Rule

Indispensable & Necessary Parties

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Page 5: Selected Federal and State Court Case Updates Presentation for National American Indian Court Judges Association National Tribal Judicial Conference By

Sovereign Immunity

3rd Party Summonses

Tribal Officials

Tribal Entities

Removal

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Page 6: Selected Federal and State Court Case Updates Presentation for National American Indian Court Judges Association National Tribal Judicial Conference By

Criminal Issues

ICRAo Wilbur v. Makah Tribal Court (W.D. Wash.)

o Miranda v. Anchondo (9th Cir.)

o Romero v. Goodrich (10th Cir)

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