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Tribe V. Rides At The Door, 06-Ap-13 (Blkft. Tr. Ct. App., Feb. 14, 2006), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court refused to overturn a conviction, based on a guilty plea after the defendant claimed she was coerced into giving a guilty plea, because her grounds for appeal were vague and not sufficient to indicate how her due process rights were violated. Guilty plea upheld.

In Re I.I. And I.I, Minor Youths, 2005-Ap-15 (Blkft. Tr. Ct. App., January 11, 2006), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court clarified a prior Appellate Court decision which returned two children to their parents on the Blackfeet Indian Reservation after their rights to Due Process were violated. The clarification made clear that the previous order did not vacate Blackfeet Family Services from continuing to supervise the children. They will continue to be supervised until either reunification, or the parental rights are terminated.

Tribe V. Young Running Crane 05-Ap-06 (Blkft. Tr. Ct. App., Date Omitted), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court rejected a defendant’s appeal for violation of Due Process. The Defendant-Appellant failed to appear for oral argument after filing her own appeal, sans counsel. The Court notes that the Federal rules of Evidence require an objection, like the one appellant asserted, should have been made in the pre-trial stage or before trial, so as not to interrupt the pace and flow of the trial. Therefore, any argument regarding the relationships between witnesses, the judge, or the prosecutor should have been made before trial and cannot be used as an argument at …

Conseco Finance Servicing Corporation V. Patterson, 2005-Ap-03 (Blkft. Tr. Ct. App., Nov. 9, 2005), Blackfeet Appellate Court

Court Decisions

The lower court found that the defendant breached the contract he entered into with the plaintiff by failing to make monthly payments. The Blackfeet Tribal Appellate Court issued the defendant’s notice of appeal and request for stay of judgment pending appeal. The Blackfeet Tribal Court of Appeals dismissed the appeal filed by the appellant. The appellant made no attempt to contact the Court regarding his appeal since the date of filing of the Notice of Appeal. Per the Blackfeet Law & Order Code reads, “Failure of an appellant to take any step other than the timely filing of a notice …

Comes At Night V. Comes At Night, 1998-Ca-512 (Blkft. Tr. Ct. App., August 17, 2005)., Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court, the Court denied the Respondent’s motion to reconsider because it is untimely. The Court made this decision regarding the Court’s previous order (December 13, 2004) distributing property of the parties. Under Rule 60 of the F.R.Civ.Proc. any motion for relief from the judgment must be filed within 60 days of the date of the order.

In Re Paternity Of J.J.R.H., 2003-Paternity-I (Blkft. Tr. Ct. App., July 19, 2005), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court was asked to establish Paternity of a child, to determine the child’s degree of Indian blood for enrollment, and Terminate Parental Rights of the father. The petitioner-mother also asked the Court to order the respondent-father to give $1,000 to JJRH for lost per capita payments and to have the father meet JJRH to ask questions. Petitioner also requests the respondent pay half the DNA testing fees, or if refused, that the Court order respondent pay full cost and attorney’s fees. The respondent-father claims to be unaware of his degree of Indian …

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In Re The Conservatorship Of Margaret Croff, 05-Ap-04 (Blkft. Tr. Ct. App., April 7, 2005), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court determined that a previous appointment of a conservator, over an elder suffering from worsening dementia, did not follow Due Process, and was remanded to trial court for correction and compliance with the law. The Blackfeet Family Code, Ch.17, Sec. K requires that a determination of incompetence must be certified by proof from two qualified physicians to prove incompetence as defined in the Blackfeet Law and order Code. The Court determined that Margaret Croff should have been represented by legal counsel in such a life affecting situation. The case is remanded back …

Citizens Savings Bank & Trust Co. V. Wellman, 04-Ap-29 (Blkft. Tr. Ct. App., March 16, 2005), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court affirmed a lower court decision relating to the foreclosure and sale of the War Bonnet property and directed the lower court to regulate and oversee its sale, without the involvement of the Glacier County Sherrif and to forestall potential state-tribal entanglements.

• The Court considered two main issues:

• 1) whether the Tribal Court orders delegating tribal authority to a state entity and whether the tribal court had proper jurisdiction were authorized and legally correct; and

• 2) whether the Tribal Court orders relating to the sale of the War Bonnet property were authorized …

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Bear Child V. Siyeh Dev, Inc., 2004 Ca 15 (Blkft. Ct., December 3, 2004), Blackfeet Tribal Court

Court Decisions

In the Blackfeet Tribal Court, in a personal injury tort claim by Bear Child (“Plaintiff”) against Siyeh Development inc, the Blackfeet Tribe, First American Insurance Group, and five separate John Does (collectively “Defendants”), the Court denied a motion to dismiss the claim on the grounds of sovereign immunity. The claim arose from a fall in one of the Tribe’s Bingo halls/casinos.

Defendants cited Oklahoma v. Manufacturing Technologies, 532 U.S. 751, stating that “Indian tribes enjoy sovereign immunity from civil suits on contracts whether those contracts involve governmental or commercial activities... a tribe is subject to suit only where Congress has …

Bear Child V. Siyeh Development, Inc., 2004 Ca 15 (Blkft. Tr. Ct., Dec. 3, 2004), Blackfeet Tribal Court

Court Decisions

Bear Child, a member of the Blackfeet Tribe, was injured in a fall at one of the Tribe’s casino/bingo halls. Bear Child filed a personal injury suit against the Tribe, the Siyeh corporation which runs the casino/bingo hall, and First Americans Insurance, Siyeh’s insurer. The defendants moved to dismiss the case on the grounds of sovereign immunity. Siyeh argued that it is a department of the Tribe, entitling it to sovereign immunity. The Trial Court was unpersuaded by the defendants’ arguments for sovereign immunity. The Court held that the Tribe was acting in its corporate, not governmental capacity in relation …

Tall White Man Et. Al. V. Blackfeet Indian Housing Authority, 97-Ca-474 & 99-Ap-37 (Blkft. Tr. Ct. App., Nov. 23, 2004), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court addressed a waiver of sovereign immunity in a suit between a decedent’s children against the tribe and involving a third-party defendant, Simpson Dura-Vent Company, Inc. Plaintiffs alleged negligence against the Blackfeet Indian Housing Authority (BIHA) for failing to maintain the furnace in their decedent father’s tribal housing unit. Plaintiff’s father died due to carbon monoxide poisoning.

• BIHA was created through Tribal Ordinance# 7, effective January 7, 1977. Article V, paragraph 2 of the Ordinance provides as follows: “The Council hereby gives its irrevocable consent to allowing the Authority to sue and …

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Tribe V. Spotted Bear, 2003 C 5946 (Blkft. Tr. Ct. App., Oct. 25, 2004), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court considered whether a sentence for assault and trespass was excessive. The Court ruled that the Defendant was sentenced beyond the statutory maximum. The Court remanded back to lower court for resentencing but urged the court to consider the fact that the defendant is a single parent of a small child, has completed anger management classes, and outpatient treatment for chemical dependency, and is not a habitual offender, when considering its new sentence.

Tribe V. White Wolf Hall, 04-Ap-14 (Blkft. Tr. Ct. App., Oct. 7, 2004), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court considered whether the defendant’s rights were violated when the lower court judge did not follow sentencing guidelines for the defendant. In this case, the defendant was convicted of child abuse and domestic abuse, with consecutive sentences, allowing parole after six months.  

• The Court noted that the lower court should have utilized Blackfeet Family Code, Ch. 22, Sec. 4, for child abuse providing that sentences should be between $50-200 and a term of imprisonment to not exceed 15 days. 

• Also, for domestic abuse, the Blackfeet Law and Order code, ch. 9, Sec. …

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Marceau V. Skunk Cap, 04-Ap-12 (Blkft. Tr. Ct. App., Oct. 7, 2004), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court considered the timeliness of an objection. The Blackfeet Law and Order Code, Ch.9, Rule 10-A, states “any motion filed with the Court in a Civil or Criminal Matter must be objected to within (5) days after service upon the opposing party.”  

• The respondent sought a Writ of Mandamus to the Appellate Court to order the lower court to rule on a motion to “stay,” not reverse, a lower court order of child support.  

• The lower court issued a stay on execution, but also reinstated a previous court order without ruling on …

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Book Review: "Coyote Warrior", Stacey L. Gordon

Faculty Journal Articles & Other Writings

The author reviews the book, "Coyote Warrior," by Paul VanDevelder, which documents tribal chairman Martin Cross's political fight to prevent the building of Garrison Dam and the latter legal battles his son, Raymond Cross, fought to win compensation for the land tribes were forced to give up when the dam was built.

Tribe V. White Quills, 03-C-6177 (Blkft. Tr. Ct. App., Sept. 23, 2004), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court via a petition for a Writ of Habeas Corpus concerning the permanent expulsion of a non-member Indian, Blackfeet Descendant, who is a member of the Blood tribe, from Canada. Defendant had lived on the Blackfeet Indian reservation since 1999 and had a tumultuous relationship with a Blackfeet tribal member which resulted in the domestic abuse conviction, in tribal court. Ten separate charges, regardless of conviction, were used to justify Defendant’s permanent expulsion from the Blackfeet Indian Reservation.

• The Court considered whether;

• 1) Defendant’s Due Process rights were violated by the permanent …

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Town Of Browning V. Peppers, 03-Ca-222 (Blkft. Tr. Ct. App., Aug. 5, 2004), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court clarified that failure to file a notice to appeal within the allotted time renders a motion to extend time moot, pursuant to Blackfeet Law and order Code, Ch. 11, Sec. 33.

Williams V. Glacier Electric Cooperative Inc., 20-Ap-28 (Blkft. Tr. Ct. App., July 20, 2004) (Williams Ii), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court considered 9 Several issues on appeal::

• Pre-Trial Rulings:

• Whether the trial court erred in barring plaintiff from introducing any evidence regarding subsequent remedial repairs;

• Whether the trial court’s rulings in limine prejudicially precluded plaintiff from demonstrating inconsistencies in the testimony of certain of defendant’s witnesses on deposition at trial;

• Whether the trial court erred in granting defendant summary judgement on the issue of product liability; and

• Whether the trial court erred in striking plaintiff’s discrimination claim.

• subsequent remedial repairs – the Court ruled that, under these circumstances, it was not error …

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Blackfeet Tribe V. Marcus Spotted Bear, 04-Ap-17 (Blkft. Tr. Ct. App., April 17, 2004), Blackfeet Appellate Court

Court Decisions

• Appeal from Tribal Court involving defendant being arrested and charged with Assault and Trespass as to Section III, II of Chapter Five of the Blackfeet Tribal Law and Order Code. 

• Defendant had entered not guilty plea, trial was set with cash bond of $500, and a bench restraining order imposed on defendant. 

• Defendant changed plea to guilty, Judge Carl Pepion ordered a pre-sentence investigation, and defendant was ordered to complete a psychological evaluation prior to sentencing. Defendant was sentenced to 24 months with credit of (90) days served and a $2000 fine. 

• The issue here was whether the sentence and …

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Tribe V. Smith, 200-C-1855-57 (Blkft. Tr. Ct. App., Feb. 3, 2004), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court dismissed an appeal from a defendant who entered a guilty plea and plea agreement from a charge for Possession of Dangerous Drugs, Sale of dangerous Drugs, and Possession of Drug Paraphernalia under Ordinance 95. It was unclear to the Court why counsel for the Defendant filed a notice of appeal after the Defendant after he has already complied with a portion of the plea agreement by paying a fine. It is additionally unclear whether defendant complied with the signed conditions of his release. Whenever the Court has deferred the imposition or …

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A New Corps Of Discovery For Missouri River Management, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.

Tribe V. Gervais, 01-C-2887-2891 (Blkft. Tr. Ct. App., Nov. 17, 2003), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court upheld a previous judgement convicting a defendant of four charges centering around assault and child endangerment.  

• The Court considered whether: 1) the defendant’s rights were violated by not being allowed to face his accuser; and 2) whether the imposed sentence was excessive and a violation of the Indian Civil Rights Act.  

• 1) The Court cited the Blackfeet Law and Order Code, Ch.1, Sec. 11, stating that a complaint is valid when it bears the signature of a complaining witness or complainant, witnessed by a judge. In this case, the Blackfeet Law …

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Wroblewski V. Wagner, 02-Ap-34 (Blkft. Tr. Ct. App., Sep. 8, 2003), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court considered whether a Blackfeet Housing decision was proper in awarding a unit to the respondent. When the lease purchase agreement was signed, both Wrobleski, who is a non-member descendant of the Blackfeet Tribe, and Wagner, a Blackfeet tribal member, signed the lease, and they share a child who is an enrolled member of the Blackfeet Tribe. The couple subsequently split with Wrobleski filing an emergency petition and the court awarding the home to her and her child. The Lower court granted joint custody but stated that the Blackfeet Housing Board must …

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Sherburne V. Glacier Electronic Cooperative, Inc., 03-Ap-15 (Blkft. Tr. Ct. App., Apr. 15, 2003), Blackfeet Appellate Court

Court Decisions

• A Tribal Court jury found unanimously Defendant breached its contract with Plaintiff and committed other wrongs such as defamation. A verdict of $2,157,181.60 was awarded. This judgement was appealed, and affirmed by the Blackfeet Appellate Court. Plaintiffs also obtained an Order of Summary Judgment against Federal Rural Electric Insurance Cooperative and Defendants ordering insurance coverage.  

• Co-op's insurance carrier did not pay the judgment, they then appealed, and the Appeals Court held that the Judgment could not be enforced off the reservation, but enforceable on reservation. Plaintiffs sought to have the judgment be examined for meaning on reservation so they could …

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Tribe V. Croff, 02-C-3096-3098 (Blkft. Tr. Ct. App., Feb. 18, 2003), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court dismissed a charge of Child Engenderment because the prosecution erred in charging the wrong statute. The Defendant should have been charged with Criminal Endangerment, and oral argument presented pertained to Disorderly Conduct. Child Endangerment charge was dismissed.

Tribe V. Tailfeathers, 02-Ap-11 (Blkft. Tr. Ct. App., Jan. 31, 2003), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals the Court admonished the tribal defender because when the Court reviewed the underlying case file, there were not any briefs filed by counsel for the defendant in support of his appeal to the Court to review. Lawyers owe a duty of care to their clients and this blatant disregard for the Court and his clients caused irreparable harm to his clients. Prosecutor is directed to summon the defendant and make arrangements for payment of the fine.

Horn V. Grant, Et Al., 01-Ca-157 (Blkft. Tr. Ct. App., Jan. 3, 2003), Blackfeet Appellate Court

Court Decisions

In the Blackfeet tribal Court of Appeals, the Court dismissed an appeal for ripeness. In this case, the Plaintiff filed an order of appeal regarding the trial court’s Order dismissing plaintiff’s cause of action against Defendant, Allstate Insurance Co. Plaintiff’s filed a complaint against multiple individuals and Allstate but not individual claims sought to hold any defendant liable for damages incident to the fact to the underlying claim. Rather, all claims were related to the activity of the insurance company after the incident. The trial court dismissed the claim against Allstate because one claim requested it to decide a federal …

Anderson V. Weatherwax, 02-Nov-13 (Blkft. Tr. Ct. App., November 13, 2002), Blackfeet Appellate Court

Court Decisions

In this case, a vehicle driven by the daughter of Defendant, crashed into a building owned by the Plaintiff. Damages were sought in the amount of $10,000 through a civil complaint. Upon filing, the tribal court clerk informed the Plaintiff that he would have to personally serve the Defendant with the complaint, to which Plaintiff did.  Defendant did not answer the complaint within the required 20 days. Plaintiff then filed a petition in the court requesting default judgment to which Defendant also failed to respond to. Plaintiff was then granted a default judgment in the amount of $8,800. Plaintiff moved …

Tribe V. Tail Feathers, 21-Ap-17 (Blkft. Tr. Ct. App., May 13, 2002), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court declined to vacate a conviction of a defendant where the defendant failed to appear and the Court proceeded in absentia. The Defendant appealed based on Speedy trial considerations because 194 days had elapsed between arrest and trial. The Court clarified that the Speedy Trial timeline of 180 days, in MadPlume, is not a hard and fast deadline. Any dismissal on speedy trial grounds lies in the sound discretion of the trial court and can be based on various factors, including: 1) whether the defendant pursued a speedy trial; 2) the length …

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Williams V. Glacier Electric Cooperative Inc., 97-Ca-189 (Blkft. Tr. Ct. App., Feb. 25, 2002) (Williams I), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court denied a Motion to Dismiss, filed by Glacier Electric Cooperative after Plaintiff, Williams, failed to timely transmit the record, although all other pertinent papers were filed. The Court determined that this inadvertent failure to transmit was timeless error, and thus excepts the record. Despite Appellants failure to timely transmit the record, the mistake was only discovered after the appellant brought the issue to attention himself. Motion to dismiss denied. See also: Williams v. Glacier Electric Cooperative Inc., 20-AP-28 (Blkft. Tr. Ct. App., July 20, 2004)