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In Re Estate Of Crossguns, 24-Ap-03 (Blkft. Tr. Ct. App., Sept 23, 2024), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court affirmed a trial court order finding the appointment of decedent’s son as personal representative of decedent’s estate after appellant claimed Tribal Court erred when it proceeded with a hearing to determine the heirs of Decedent’s estate for lack of jurisdiction. Issues of Tribal Court jurisdiction and the validity of a decedent’s will are questions of law and will be reviewed de novo. The Blackfeet Tribal Law and Order Code, Ch. 3, Sec. 4 provides that the Blackfeet Tribal Cour has civil subject matter jurisdiction over probate proceedings.

Tribe V. Flamand, 24-Whc-11 (Blkft. Tr. Ct. App., Sept, 4, 2024), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court denied a petition for a writ of habeas corpus, reaffirming Tribe v. Evans, 19-AP-767 as binding precedent, stating that the review of a challenge to excessive bond was for a “specific prisoner” based on the record in that particular case.

Robertson V. Robertson, 20-Ap-04 (Blkft. Tr. Ct. App., Sept. 19, 2023), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court granted a motion to set aside default judgement and vacate a lower court ruling after the appellant stated he did not receive notice of scheduling due to the confusion around Covid-19. The Court entered a default for dissolution of marriage. The lower court found appellant was duly served after his notice was mailed to his attorney, however, the attorney had withdrawn from the case and did not send notice of his withdrawal to the appellant, due to issues surrounding Covid-19. Additional court and office closures added to the confusion. The Court …

Robertson V. Robertson, 20-Ap-04 (Blkft. Tr. Ct. App., Sept. 19, 2023), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court granted a motion to set aside default judgement and vacate a lower court ruling after the appellant stated he did not receive notice of scheduling due to the confusion around Covid-19. The Court entered a default for dissolution of marriage. The lower court found appellant was duly served after his notice was mailed to his attorney, however, the attorney had withdrawn from the case and did not send notice of his withdrawal to the appellant, due to issues surrounding Covid-19. Additional court and office closures added to the confusion. The Court …

Mckay V. Brown, 22-Ap-01 (Blkft. Tr. Ct. App., Aug. 22, 2023), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court considered an appeal in a Probate dispute. However, the Court clarified that the Final Order is not ripe for appeal as the probate has not been finalized. Therefore, the court remanded the case to be heard by the lower court.

Walters V. Tribe, 23-Ap-06 (Blkft. Tr. Ct. App., June 27, 2023), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court affirmed a denial of a Writ of Habeas Corpus. The Court reasoned that the appellant was released numerous times to seek treatment, but failed to do so, released for medical issues but failed to comply, and failed to previously return to the Blackfeet Correction’s Center and charged with disobeying a court order. The Appellant has made multiple demonstrations that he will not comply with conditions set by the Court, therefore, Appeal denied.

Kipp V. Tribe, 22-Ap-14 (Blkft Tr. Ct. App., Jan. 20, 2023), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court determined that it will not overturn the Blackfeet Tribal Court’s judgement after the appellant failed to appear to present her case in court despite a summons being duly served.

Running Crane, Et. Al. V. Parsons, 19-Ap-13 (Blkft Tr. Ct. App., Nov. 17, 2022), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court clarified that when the Court, in review of an appellate case, directs parties to submit a detailed summary of the status of the case, within a limited time period, and the partied do not provide that status update, the Court will dismiss that case, without prejudice.

Mad Plume V. Mad Plume, 22-Ap-08 (Blkft. Tr. Ct. App., Aug. 31, 2022), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court considered an appeal concerning the award of the family home in Blackfeet Tribal Court, disputing the proper successor in Death to the property, located on the Blackfeet Indian Reservation. The legal decedent owner of the home passed away in 2013, and legally conveyed the home by gift deed to the Appellant. The respondent produced a subsequent, unnotarized document purporting to dispute the prior conveyance. The court rejected the second document, awarding the home to the appellant. The Court clarified that the respondent failed to produce sufficient documentation to sustain her burden …

Wells V. Spotted Eagle, 22-Ap-02 (Blkft. Tr. Ct. App., May 17, 2022), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court considered an appeal challenging the lower court’s appointment of a decedent's personal representative of the estate. The Court would not deviate from the lower court’s decision without sufficient demonstration of any abuse of discretion or misapplication of law in the lower court’s order.

Mad Plume V. Mad Plume, 22-Ap-05 (Blkft. Tr. Ct. App., April 5, 2022), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court reiterated that is will not consider an appeal that is untimely. The Blackfeet Law and Order Code, Ch. 11, Sec. 13 E requires appeals to be filed within ten days.

Loring V. Tribe, 21-Ap-06 (Blkft. Tr. Ct. App., April 5, 2022), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court denied a motion to reconsider a conviction, judged in absentia, because the Final Order from the lower court has not been received by the Appellate Court for review, thus it is untimely. The Court cannot reconsider without a completed file.

Tribe V. Augare, Ac2022wac01 (Blkft. Tr. Ct. App., Feb. 17, 2022), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court determined that cash bond of $8,000 is excessive and oppressive and in violation of the Blackfeet Constitution and the Indian Civil Rights Act. The Defendant did not have a significant criminal record, he was not a danger to the community, he was not a flight risk, and is unemployed. The Bond was reduced to a $3,000 surety bond, with other stipulations.

Jordan V. Flammond, 21-Ap-01 (Blkft. Tr. Ct. App., Aug. 9, 2021), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court dismissed an appeal regarding the ownership of a home in Babb, MT. The Appellate Court noted that it will not overturn a judgement based upon factual findings unless a review of the entire record shows that such judgement was not supported by substantial evidence.

Tribe V. Devereaux, 21-Ap-02 (Blkft. Tr. Ct. App., Aug. 8, 2021), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court reversed a lower court judgement against a grandchild who was found guilty of stealing their grandmother's phone. The lower court record did not indicate that any witnesses appeared before the Court to provide testimony to the allegation. Defendant was denied due process of law because there was no sworn testimony or evidence that demonstrated beyond a reasonable doubt that Defendant knowingly, affirmatively committed theft. The Lower court ruling was not supported by the record. Reversed and dismissed.

Bell V. Goggles, 19-Ap-02 (Blkfet. Tr. Ct. App., July 19, 2021), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court dismissed a case for lack of jurisdiction over the parties. The case concerned child support obligations arising from the State of Wyoming, Wind River Indian Reservation. Neither the petitioner nor respondent are Blackfeet, nor the children concerned. While the Blackfeet Nation Honors full faith and credit, the respondent does not reside on the Blackfeet Reservation, therefore relief in this matter does not apply to the decision of the Blackfeet Tribal Court.

Calf Boss Ribs V. Blackfeet Tribal Court, 20-Ap-03 (Blkft. Tr. Ct. App., Feb. 16, 2021), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court dismissed a motion for reconsideration of a lower court decision when new evidence was discovered by the appellant. The Court noted that the evidence must be presented to the lower court. The Appellate Court of the Blackfeet Nation will not overturn the Tribal Court’s judgement based upon factual findings unless a review of the entire record shows that such judgement was not supported by substantial evidence. Motion for reconsideration is dismissed. The case was remanded to the lower court for a new hearing and the Court advised the lower court to …

Glacier Electric Cooperative, Inc., Et Al V. Gervais, Et Al, 19-Ap-03 (Blkft. Tr. Ct. App., Feb. 13, 2020), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court dismissed an appeal by Glacier Electric Cooperative [GEC] after it lost a jury trial over a breach of fiduciary duty to its members where $2.5 million in damages were awarded to the members.   The Court considered whether the evidence presented in trial supported the jury’s decision.   The Court used the Clear and Convincing evidence standard for compensatory and punitive damages. This is different from the change in GEC’s bylaws that only required appellants to have a Preponderance of evidence standard. The Court considered whether there was clear and convincing evidence that …

Falcon Driftwood V. Day Chief, 19-Ap-12 (Blkft. Tr. Ct. App., Jan. 29, 2020), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court resolved a contract dispute for the sale of a trailer, in favor of the Plaintiff after the Respondent failed to make payments and pay insurance for the trailer to the Plaintiff pursuant to the legally binding contract. The Plaintiff retained legal title until such time as Respondent paid for the trailer in full. The Court reversed the lower court determination and ruled that the Respondent is to return the trailer, in the same condition received by the respondent, within 10 days.

Blackfeet Housing V. Reevis, Et Al, 18-Ap-02 (Blkft. Tr. Ct. App., Feb. 12, 2019), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court upheld a lower court determination, upholding an eviction, and that the defendant did violate their lease agreement. The appellate Court finds nothing in the Tribal Trial Court record which gives cause for review of any legal issue and does not find cause to set aside any trial court determinations of fact.

Blackfeet Housing V. Armc Risk Management Corp., 15-Ap-09 (Blkft. Tr. Ct. App., Nov. 7, 2016), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court considered whether appellant, ARMC, was subject to the jurisdiction in the Blackfeet Tribal Court. The lower court erred in finding that it had jurisdiction in this matter under the arm of the tribe analysis it applied. The “arm of the tribe” analysis would have been more appropriate if ARMC was a section 16 entity. Rather, ARMC is a Section 17 Charter, which demands an analysis of whether the Charter was properly granted and ratified. ARMC does enjoy a congressional grant of sovereign immunity under 25 U.S.C. 477, but ARMC’s immunity defense …

Blackfeet Tribe V. Town Of Browning, 14-Ap-20 (Blkft. Tr. Ct. App., May 5, 2015), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court adopted a federal court policy stating that appeals can only be taken from final judgements of the Blackfeet Tribal Court unless otherwise specified by law. This is done because piecemeal appeals are oppressive and costly and requiring final a judgement for appealability is the Court of Appeals is to avoid constant disruption of the trial process and encourage consolidation in one appeal all errors hat a part feels transpired during trial. United States v. Nixon, 418 US 683, 94 S. Ct. 3090, (1974), 4 Am. Jur 2d Sec. 86.

Best V. Tribe, 2013-Ap-10 (Blkft Tr. Ct. App., June 5, 2013), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court ordered a Writ of Habeas Corpus, for a defendant arrested and held under tribal public intoxication ordinances, because:

1. Bond for public intoxication is “Own Recognizance” therefore the defendant is released on OR;

1. The Blackfeet tribal Business council has the legal authority to promulgate Public Intoxication Ordinance 107;

1. The Blackfeet tribal Complaint and Summons were sufficient as the officer certified under oath that the defendant committed the offense; and

1. The Blackfeet Tribal Court of Appeals has no jurisdiction over BIA Facilities.

Tribe V. Read Head, 2011c-4448-4450 (Blkft. Tr. Ct. App., Dec. 16, 2011), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court considered a petition for a Writ of Habeas Corpus and considered whether un-arraigned defendants can be held longer than 72 hours. The Court ruled that prolonged incarceration without proper court order violated the defendants due process rights. The Case is dismissed and the defendant is ordered released.

Flammond V. Lafara, 04-Ca-172 (Blkft. Tr. Ct. App., July 18, 2011), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court denied a motion for a rehearing. The Court reaffirmed that grounds for an appeal must be based on “some facts, material to the decision, or some question decisive of the case submitted by counsel, was overlooked by the Court, or that the decision, is in conflict with an express statute or controlling decision to which the attention of the Court was not directed ... " Blackfeet Law & Order Code, Ch. 11, Sec. 21.

In Re Est. Of Sure Chief, No. 2009-P-20 (Blkft. Tr. Ct. App., Jul. 1, 2010)., Blackfeet Appellate Court

Court Decisions

Court of Appeals held that petitioner could not appeal the appointment of personal representative for her mother’s estate until she had exhausted her remedies at the Lower Court “with verification of how her rights have been violated.”

In Re Evanson, No. 2009-J-033, 2009-Ap-06 (Blkft. Tr. Ct. App., Jun. 22, 2010)., Blackfeet Appellate Court

Court Decisions

The Court of Appeals upheld the lower court’s dismissal of a child custody case for lack of jurisdiction. The Court held that the Blackfeet Family Code limits the Court’s jurisdiction only to those children who reside on the Blackfeet Reservation, which Evanson did not.

In Re Mh, A Minor Child, 2009-Ap-05 (Blkft. Tr. Ct. App., June 16, 2010), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, in a custody petition filed by the grandmother, the Court determined that the lower court violated the grandmothers due process rights by not allowing the grandmother to present testimony, thus determining custody based on hearsay evidence. The case is remanded back to the lower court for a new hearing.

After Buffalo V. Burd, 2010-Ap-06 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court overturned the lower court’s reward of alimony, finding that Blackfeet Tribal Code does not have a law regarding alimony. The Court also dismissed a restraining order because there was nothing in the pleading to substantiate the need for a restraining order and the lower court did not hold a hearing regarding it.

In Re Marriage Of Blackman And Blackman, 2008-Ca-100 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court held that Blackfeet Law and Order Code, Chapter 11 only allows appeal from final judgment. Because no final judgment had been rendered by the lower court, the appeal was without merit.