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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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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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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)

No Runner V. Calf Looking, 01-Ap-25 (Blkft. Tr. Ct. App., Oct. 11, 2001), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court considered whether the trial court judge erred by holding a hearing without the natural father being present and granting custody to the natural mother allowing her to leave the jurisdiction of the Court. The Court found that the lower court erred in granting custody of a child to the mother, given un-explored allegations of abuse by the mother, and after the clerks failed to properly deliver service for notice of the hearing to the natural father. The father’s due process rights were violated and this case is remanded for a new …

In Re Gilroy V. Young Running Crane, Et Al., 2001-Ap-06 (Blkft. Tr. Ct. App., April 4, 2001), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court denied petitioners Writ of Habeas Corpus because the full remedy of the lower court process has not been fully exercised and can be reached in a reasonable time frame. The Court urged Blackfeet Family Services to expedite the process to assure a family reunification hearing is held as soon as possible.

In Re Gilroy V. Young Running Crane, Et Al., 2001-Ap-06 (Blkft. Tr. Ct. App., April 4, 2001), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court denied petitioners Writ of Habeas Corpus because the full remedy of the lower court process has not been fully exercised and can be reached in a reasonable time frame. The Court urged Blackfeet Family Services to expedite the process to assure a family reunification hearing is held as soon as possible.

Tribe V. Augare, 20-C-2057-2058 (Blkft. Tr. Ct App., Feb. 22, 2001), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court denied a petition for a Writ of Habeas Corpus, deciding that the Defendant’s Due Process Rights have not been violated. The Defendant is detained in the Cut Bank jail for his own protection due to his past record of escape and outstanding charges. Defendants arrest complied with state procedures concerning Blackfeet Tribal Warrants. The Court ruled that defendant's detainment is not unlawful.

Tribe V. Sharp, 20-Ap-18 (Blkft. Tr. Ct. App., Sept. 5, 2000), Blackfeet Appellate Court

Court Decisions

In the Court of Appeals, the Court ruled that “the policy and procedure manual for the Blackfeet Alternative Court which allows fines and incarceration of defendants was not duly approved by the Blackfeet Tribal Business Council and is not a valid document.”

Tribe V. Old Chief, 2000-Ap-20 (Blkft. Tr. Ct. App., August 29, 2000), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court held that the Defendant shall be allowed to withdraw her guilty plea and the trial court shall continue proceedings upon the entering of a new plea. The Defendant in this case because a participant in the Blackfeet Alternative Court after pleading guilty to five criminal charges of child endangerment. Further, the Defendant was expelled from the alternative court without reason or order to incarcerate her. The Court of Appeals ruled in Tribe v. Sharp, that “the policy and procedure manual for the Blackfeet Alternative Court which allows fines and incarceration of …

Blackfeet Housing V. Larson, Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals concerning an Order for Eviction from tribal housing, the Court dismissed an appeal because the appellant failed to perfect her appeal or answer the Motion to Dismiss Appeal filed by Tribal Housing. The Court dismissed the appeal pursuant to tribal ordinance Ch. 11, Sec. 31.

Henderson V. Blackfeet Indian Housing Authority, Et. Al., 98-Ca-561 (Blkft. Tr. Ct. App., May 4, 2000), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court considered: (1) whether the Blackfeet Indian Housing Authority violated the plaintiff’s civil rights as guaranteed pursuant to the Indian Civil Rights Act by conducting a one-time drug test and terminating employee for failure to submit to the test, and (2) whether the Blackfeet Tribal Court has jurisdiction over the Blackfeet Indian housing Authority. 

• The Court concluded both that the Plaintiff’s civil rights were violated and the Court does have jurisdiction over the Blackfeet Indian Housing Authority. 

• The Blackfeet Indian Housing Authority is a public entity and any drug testing requirements for …

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In Re Dll, 98-P-03 (Blkft. Tr. Ct., Aug. 30, 1999), Blackfeet Tribal Court

Court Decisions

In the Blackfeet Tribal Court, in a Probate matter, the Court considered whether it could defer to federal administrative probate law when it makes a paternity determination in Tribal Court. The Court noted that Federal Administrative Tribunals determine heirs to determine the beneficial ownership of trust land, not for purposes of tribal enrollment. See Estate of Duke Hawley Tsoodle, Sr., 32 IBIA 108 (March 23, 1988) IBIA 97-91, 97-94. Federal disposal of land does not implicate public fisc or other benefits of tribal membership. Conversely, a federal tribunal may not use the same procedures a tribal court would when the …

In Re Jlw, A Minor Child, 93-Cs-01 (Blkft. Tr. Ct. App., Sept. 30, 1997), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court dismissed an appeal because all parties failed to show up, even after being served.

Deboo V. Sinclair, 91-J-16 (Blkft. Tr. Ct. App., Sept. 18, 1997), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court ordered the lower court to clarify how it came to its decision regarding the custody of minor children. The Court clarified that child custody determinations are left to the determination of the trial court in determining what is in the “best interests of the children.”

Tribe V. Goss, 96-Ca-2228 (Blkft. Tr. Ct. App., June 25, 1997), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court noted that the Blackfeet Tribal Law and Order Code, Ch. 8, Sec. 3 and the Indian Civil Rights Act are violated when a defendant is tried in absentia, until such time as the Law and Order Code is amended to allow a trial without the defendant present.

In Re Est. Of Dauphinais Bird, 97-P-03 (Blkft. Tr. Ct. App., 1997), Blackfeet Appellate Court

Court Decisions

• Decedent passed away without having an established will. Darrell W. Bird filed an application for informal appointment as personal representative, and soon after decedents mother, father, and her stepfather also filed to be personal representative.  

• All applicants and their counsel met for a hearing, under which the Court heard testimony and took evidence. At its end, the Tribal Court ordered the appointment of Darrell W. Bird and Jame B. Dauphinais, decedents father, as co-personal representatives.  

• Decedent’s mother, Ramona Jackson, appealed the order while the father and stepfather did not. The father did file an amicus brief after the expired time …

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Blackfeet Indian Tribe, Et Al. V. Lodgebuilder Mngmt. Inc., 95-Ca-417 (Blkft. Tr. Ct., Feb. 28, 1996), Blackfeet Tribal Court

Court Decisions

• In the Blackfeet Tribal Court, the court determined whether a defendant, Lodgebuilder, must provide the tribe with a warranty deed, pursuant to their agreement, despite the lack of cooperation from the tribe to comply with the Montana Subdivision and Platting Act.  

• The Court determined that the Act is the law of the State of Montana, not the Blackfeet Indian reservation. Lodgebuilder is a Blackfeet chartered business, and the president of Lodgebuilder is an enrolled member, doing business on the reservation. Therefore, the Tribal Court has exclusive jurisdiction over this action. Williams v. Lee, 358 U.S. 217 (1959), Fisher v. Dist. …

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In Re Tpg, A Minor Child, 95-Cs-02 (Blkft. Tr. Ct. App., Feb. 22, 1996), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court clarified that Common Law has been established for use in domestic matters. The Blackfeet Law and Order Code, Ch. 2, Sec. 2, does not bind the Tribe to State Law.