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Appeals court reject 1868 treaty defense in federal prosecution (11/19)
The 1868 Treaty of Fort Laramie does not require the federal government to notify tribes before prosecuting their members, the 8th Circuit Court of Appeals ruled on Thursday. Patrick White Mountain was charged with assaulting a federal officer. But he...

Supreme Court declines South Dakota Indian voting rights case (11/15)
The U.S. Supreme Court today declined to hear Cottier v. City of Martin, an Indian voting rights case from South Dakota. Members of the Oglala Sioux Tribe said the system of districts in the city of Martin diluted the Indian...

8th Circuit affirms Cheyenne River Sioux man's abuse conviction (07/22)
The 8th Circuit Court of Appeals today affirmed the child abuse and assault conviction of a man from the Cheyenne River Sioux Reservation in South Dakota. The court said federal prosecutors proved that Frank Iron Hawk abused his daughter, who...

8th Circuit backs Meskwaki jurisdiction over non-Indian business (07/08)
The Meskwaki Nation of Iowa can assert jurisdiction over a non-Indian business, the 8th Circuit Court of Appeals ruled on Wednesday. Generally, tribes lack jurisdiction over non-Indians. But the U.S. Supreme Court decision in Montana v. US sets out two...

County sues to block Yankton Sioux land-into-trust approval (06/16)
Charles Mix County in South Dakota filed a lawsuit to stop the Bureau of Indian Affairs from acquiring land in trust for the Yankton Sioux Tribe. The lawsuit says the BIA hasn't followed proper procedures in acquiring a 39-acre site,...

Yankton Sioux man runs independent bid for county sheriff (06/10)
Oitancan Zephier, a member of the Yankton Sioux Tribe of South Dakota, is running for Charles Mix County sheriff. Zephier is a probation officer for the tribe. He is running as an independent so he will face the Republican and...

Yankton Sioux Tribe loses bid to block federal land transfer (06/03)
The Yankton Sioux Tribe lost a lawsuit that sought to prevent the federal government from transferring land to the state of South Dakota. The tribe said land along the Missouri River remained part of its reservation under an 1858 treaty....

Appeals court upholds 10-year sentence for infant's death (05/26)
The 8th Circuit Court of Appeals on Tuesday upheld a 10-year sentence for a woman from the Mandan, Hidatsa and Arikara Nation of North Dakota who admitted she left her infant son to die on the day he was born....

8th Circuit reverses victory in Indian voting rights lawsuit (05/05)
An en banc panel of the 8th Circuit Court of Appeals has reversed a victory in an Indian voting rights lawsuit from South Dakota. Members of the Oglala Sioux Tribe said the system of districts in the city of Martin...

Judge dismisses indictment against Aquash defendant (02/04)
A Canadian man who is accused of murdering American Indian Movement activist Anna Mae Pictou Aquash will no longer face charges in federal court but a case in South Dakota state court will proceed. John Graham was indicted for Aquash's...

County seeks rehearing over Yankton land (10/07)
Commissioners in Charles Mix County, South Dakota, voted to ask the 8th Circuit Court of Appeals to rehear a case over the status of the Yankton Sioux Reservation. In August, the court determined that the reservation consists of land held...

Turtle Talk: Indian status in criminal jurisdiction (09/23)
"The Eighth Circuit’s decision that Matthew Stymiest is an “Indian” under 18 U.S.C. 1153(a) raises possible constitutional questions about due process and vagueness of a criminal statute, and it may be ripe for review by the Supreme Court as a...

Yankton Sioux Tribe pleased with land decision (08/27)
The Yankton Sioux Tribe of South Dakota hopes a long-running dispute over the status of its reservation has ended with a decision from the 8th Circuit Court of Appeals The court determined that the reservation consists of land held in...

Appeals court rules in Yankton Sioux land case (08/25)
The 8th Circuit Court of Appeals today ruled in the long-running case over the status of the Yankton Sioux Reservation in South Dakota. An 1858 treaty reserved 430,400 acres for the tribe. The U.S. Supreme Court ruled that tribe ceded...

Appeals court dismisses charge in Aquash case (07/28)
A Canadian man can't be charged for a crime in Indian Country because federal prosecutors didn't show he was "Indian," the 8th Circuit Court of Appeals ruled today. John Graham was indicted for the December 1975 murder of American Indian...

Aquash murder defendant seeks separate trial (07/22)
One of the men accused of murdering American Indian Movement activist Anna Mae Pictou Aquash renewed a request for a separate trial. Richard Marshall, a member of the Oglala Sioux Tribe, is charged with first-degree murder. Federal prosecutors say he...

Court dismisses Yankton Sioux hog farm lawsuit (07/21)
The 8th Circuit Court of Appeals on July 10 dismissed a lawsuit that sought to stop a hog farm near the Yankton Sioux Reservation in South Dakota. The Yankton Sioux Tribe Concerned Head Start Parents sued Long View Farms of...

Indian candidates seek office in South Dakota city (06/02)
At least three Indian candidates are seeking office in Martin, South Dakota, today. The city got rid of its voting districts and came up with an at-large system after Indian voters won a voting rights lawsuit. The 8th Circuit Court...

Aquash murder trial delayed until appeal resolved (05/06)
A federal judge indefinitely delayed the trial of two men accused of murdering American Indian Movement activist Anna Mae Pictou Aquash. Judge Lawrence Piersol said he won't take action until the 8th Circuit Court of Appeals resolves key issues. The...

8th Circuit hears Indian status appeal in Aquash case (04/16)
The 8th Circuit Court of Appeals heard oral arguments on Wednesday in the case of a man who is accused of murdering American Indian Movement activist Anna Mae Pictou Aquash. John Graham is from the Southern Tutchone First Nation in...

Judge allows levy on Oglala Sioux Tribe funds (04/10)
A federal judge said she can't prevent an Indian-owned construction company from levying funds and property of the Oglala Sioux Tribe of South Dakota C&W Construction won an arbitration award of $1.2 million. The company filed suit in state court...

Oglala Sioux Tribe in sovereign immunity disput (04/03)
The Oglala Sioux Tribe of South Dakota is in federal court today over a sovereign immunity dispute with an Indian-owned construction company. An arbitrator ordered the tribe to pay $1.2 million to C&W Construction for road work on the Pine...

8th Circuit to hear appeal in Aquash murder case (03/23)
The 8th Circuit Court of Appeals will hear arguments on April 15 for one of the men accused of murdering American Indian Movement activist Anna Mae Pictou Aquash. John Graham is from the Southern Tutchone First Nation in Canada. He...

Turtle Talk: Watch tribal court jurisdiction case (03/19)
"The Eighth Circuit will be hearing Amerind v. Malaterre shortly. The appellant’s brief is here (amerind-appellant-brief). Our previous posting, with the district court materials and opinion, and the Turtle Mountain appellate court opinion is here. [Disclosure--I was a sitting appellate...