Indigenous, Indian, and Aboriginal Law Commons^™

Sollars V. Mattson And Montana Dept. Of Hwys, [Omitted], (Blkft. Tr. Ct. App., Dec. 20, 1995), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court affirmed a lower Court ruling of an interlocutory appeal after the Blackfeet Trial Court determined that the Tribal Court has jurisdiction over the State of Montana. The State asserted sovereign immunity as a barrier from suit by the Tribe but that argument was rebuffed by the Court via Gilham et al. v. State of Montana, et al., 90-AP-23 (Blkft. Tr. Ct. App., Nov. 22, 1994).

In Re Whitegrass Children, 95-Ap-12 (Blkft. Tr. Ct. App., July 17, 1995), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court considered whether: 

• A case is appealable; 

• What constitutes proper service; 

• A pleading is sufficient to warrant removal and immediate hearing; 

• The evidence is sufficient to substantiate separation of children; and 

• Necessity of written opinion in explanation 

• The Court determined that: 

• When due process and the rights of minor children are in jeopardy of being violated, the Court will intervene and accept the appeal; 

• The Blackfeet Law and order Code, Ch. 9, Rule 12, Sec. D-1 specifies that service of process shall be made valid upon an individual sixteen years of age …

  ---

  Go to article

D.M. Gray Co, Inc., V. Deroche D/B/A Starr Construction, 94-Ap-25 (Blkft. Tr. Ct. App., March 6, 1995), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals the Court reversed and remanded a case for improper service when service was improperly made to a minor. Ch. 9, Rule 12: Service of Process, states that service may be made “upon an individual other than a minor under the age of sixteen, or an incompetent person, by delivering a copy of the summons or notice of action, and give the complaint to him personally, or by leaving copies thereof where he lives with an adult living there, or by delivering a copy of the summons or notice of action and of the …

  ---

  Go to article

D.M. Gray Co, Inc., V. Deroche D/B/A Starr Construction, 94-Ap-25 (Blkft. Tr. Ct. App., March 6, 1995), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals the Court reversed and remanded case for improper service when service was improperly made to a minor. Ch. 9, Rule 12: Service of Process, states that service may be made “upon an individual other than a minor under the age of sixteen, or an incompetent person, by delivering a copy of the summons or notice of action, and give the complaint to him personally, or by leaving copies thereof where he lives with an adult living there, or by delivering a copy of the summons or notice of action and of the complaint …

Tribe V. Bird, 94-Ap-14 (Blkft. Tr. Ct. App., Dec., 10, 1994), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court reprimanded a defendant who exhibited inappropriate behavior towards a Judge when he did not have a proper mental state during arraignment. His negative mental state was supported by a report from a doctor-psychologist at IHS. While the prosecution and the Court dismissed three total contempt charges, the Court further ordered the defendant to apologize to the lower court judge for his actions towards her.

In Re Vtwm And Other Similarly Situated Youth, 94-Ap-24 (Blkft. Tr. Ct. App., Oct. 27, 1994), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court granted a Writ of Habeas Corpus, on behalf of several incarcerated youth. The Court reasoned that resolution 254-93 did not repeal Ch. 7 of the Blackfeet Law and Order Code nor did the resolution enact a new Juvenile Code as law. Under the then Juvenile Code, detention of juveniles beyond their initial order of detainment, without a properly filed petition for further detainment, was unlawful. The Juveniles rights were violated by not holding a hearing each time detention order was granted.

In Re Vtwm And Other Similarly Situated Youth, 94-Ap-24 (Blkft. Tr. Ct. App., Oct. 27, 1994), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court granted a Writ of Habeas Corpus, on behalf of several incarcerated youth. The Court reasoned that resolution 254-93 did not repeal Ch. 7 of the Blackfeet Law and Order Code nor did the resolution enact a new Juvenile Code as law. Under the then Juvenile Code, detention of juveniles beyond their initial order of detainment, without a properly filed petition for further detainment, was unlawful. The Juveniles rights were violated by not holding a hearing each time detention order was granted.

Blackfeet Indian Housing Authority V. Augare, 93-Ap-22 (Blkft. Tr. Ct. App., July 12, 1994), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal court of Appeals, the Court denied a motion, by the Respondent Blackfeet Indian Housing Authority to dismiss a claim, because the Appellant Augare did not have the statutorily prescribed time available to respond prior to the Tribe’s motion to dismiss.

Wilson V. Marchington, Et Al., 93-Bsc-02 (Blkft. Sup. Ct., July 1, 1994), Blackfeet Appellate Court

Court Decisions

In an appeal to the Blackfeet Supreme Court, the Court partially affirmed a decision of the Blackfeet Court of Appeals, holding for the plaintiff, except on the issues of: Issue 1) whether the trial court’s having allowed testimony as to the economic loss of a non-party, plaintiff’s husband, was in error [defendant’s specification of error 2]; Issue 2) whether the trial court’s having allowed the jury to take a “damage chart” into the jury room during its deliberations was error [defendant’s specification of error 7]; and Issue 3) whether plaintiff’s attorney’s reference to punitive damages in closing argument was error …

In Re Ronald Four Horns, 94-Ap-06 (Blkft. Tr. Ct. App., June 6, 1994), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court determined that the legal wife of the decedent, has the legal authority to determine the final resting place of her husband. No evidence was displayed to contradict the wife’s claim that her husband wished to be buried where his wife said he did.

Heavy Runner V. Heavy Runner, 93-Ap-11 (Blkft. Tr. Ct. App., May 11, 1994), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals the Court decided that the Blackfeet Tribal Court shall grant Full Faith & Credit to State Court Judgements, in this case the Flathead County District Court of Kalispell. The Court found that the lower tribal court erred in accepting jurisdiction over a dissolution of marriage petition which had been previously granted by the District Court of Kalispell. Respondent had an opportunity to appear in the State District Court to contest the divorce, but chose not to. A Decree of Dissolution was granted to the petitioner. The lower tribal court was ordered to make …

In Re Reprimand Of Davis & Haffeman, 93-Ap-27 (Blkft. Tr. Ct. App., May 11, 1994), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court clarified that attorney discipline for misconduct is an administrative decision that does not require a show cause hearing to decide the controversy. Rather, the attorneys are entitled to an administrative panel. Attorneys facing reprimand for misconduct may be allowed to complete their current case load, at the Courts discretion, until a final decision is made to determine their ability to practice law in tribal courts.

In Re Reprimand Of Davis & Haffeman, 93-Ap-27 (Blkft. Tr. Ct. App., May 11, 1994), Blackfeet Tribal Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court clarified that attorney discipline for misconduct is an administrative decision that does not require a show cause hearing to decide the controversy. Rather, the attorneys are entitled to an administrative panel. Attorneys facing reprimand for misconduct may be allowed to complete their current case load, at the Courts discretion, until a final decision is made to determine their ability to practice law in tribal courts.

In Re Ric, A Minor Child, 93-Ap-26 (Blkft. Ft. Ct. App., March 4, 1994), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court rescinded an order of the lower court which grated permanent custody to the mother because the child’s father was denied due process when he was not given any notification of the hearing. Even though there were attempts to locate the father, service could not be made. The Blackfeet Tribal Code allows for service by publication in the local newspaper, which was not attempted. The Court further ordered the father to keep his current address updated with law enforcement or his attorney.

In Re Decarlo Children, 93-Ap-24 (Blkft. Tr. Ct. App., Nov. 9, 1993), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court denied a petition for a Writ of Habeas Corpus, filed by the natural mother of two children. The children were removed from her custody and placed with their grandmother. The Court denied the Writ pursuant to Ch. 11, Se. 26 of the Blackfeet Law and Order Code. The Court found there wasn't sufficient grounds for removal of the children from theri grandmother and subsequently recommended the lower court immediately hold a hearing to determine temporary custody of the children to prevent further unnecessary detainment.

Tribe V. Weatherwax, 93-Ap-13 (Blkft. Tr. Ct. App., Aug. 19, 1993), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court dismissed a DUI charge because the trial judge erred in the admission of evidence offered by the prosecution. The error occurred when proper foundation was not established to warrant admission of the evidence in accordance with the Rules of Evidence.

Whitford V. Skunkcap, 92-Ap-170 (Blkft. Tr. Ct. App., July 28, 1993), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court declined to hear an appeal concerning a right of way and easement, for lack of subject matter jurisdiction. The Court concluded that the BIA is the sole entity that makes such determinations across trust property.

Tribe V. Meineke, 93-Ap-17 (Blkft. Tr. Ct. App., July 14, 1993), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court refused to hear an appeal due to untimely filing pursuant to Blackfeet Tribal Law and Order Code, Ch. 11, Sec. 13(E). The Court dismissed the case.

Tribe V. Mad Plume, 93-Ap-08 (Blkft. Tr. Ct. App., May 20, 1993), Blackfeet Appellate Court

Court Decisions

No abstract provided.

In Re Bull Shoe, 93-Ap-09 (Blkft. Tr. Ct. App., March 11, 1993), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court reversed a lower court decision that sentenced the Defendant to 35 days in the Blackfeet Chemical Dependency Program for detox. However, the Defendant was not represented by counsel, advised of his rights, nor had the opportunity to present evidence in his defense.

Cobell V. Cobell-Magee, 93-Ap-04 (Blkft. Tr. Ct. App., Feb. 3, 1993), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court reversed the lower court after the lower court denied a Motion for Relief from Judgement after the lower court failed to hold a hearing, pursuant to Rule 6 (C) (1), Ch. 9 of the Blackfeet Law and Order Code. The Court subsequently denied a stay on execution on judgement but ordered garnishment of appellants wages, held in escrow, until a hearing is held and final disposition is determined.

In Re Dubray Children, 93-Ap-02 (Blkft. Tr. Ct. App., Jan 12, 1993), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court clarified that when a Juvenile Officer reasonably acts to remove children from a alleged dangerous condition, the children's rights to Due Process are violated when no substantiating petition is presented to the Court within 48 hours, pursuant to Blackfeet Law and Order Code, Ch. 7, Sec. 4. The Children must be represented by counsel, and previous orders may be vacated, and children may be returned to parent from whom they were taken.

Dean Black Weasel V. Anna Black Weasel, 92-Ap-19 (Blkft. Tr. Ct. App. November 16, 1992), Blackfeet Appellate Court

Court Decisions

The Blackfeet Tribal Court of Appeals denied the Appeal filed by Appellant Dean Black Weasel. Appellant is instructed to file a Motion of Reconsideration.

Burns V. Burns, 91-Ap-21 (Blkft. Tr. Ct. App., Sep. 27, 1992), Blackfeet Appellate Court

Court Decisions

• Petitioner is Lorraine Burns and she applied to the Blackfeet Court of Appeals for an issuance of a Writ of Supervisory Control requiring the Tribal Court to enforce all of its prior orders directing that Robert Burns, Respondent, be arrested for failure to pay her any of the sums due to her from the Decree of Dissolution and Stipulation with Regard to Division of Property. 

• Respondent was served, but did not respond.  

• The Appeals Court had already, twice, affirmed that Respondent be arrested for his failure to comply with the Decree of Dissolution and Stipulation. By a motion dated March …

  ---

  Go to article

Whitford V. Skunk Cap, 93-Ca-170 (Blkft. Tr. Ct. App., July 8, 1992), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court affirmed Due Process rights after the appellant was not allowed to present their case in Court after a hearing was not held and opinion subsequently issued. The plaintiffs were then denied access to their land after the respondent removed the road approach. This denial of access to their land threatened serious irreparable damage to their livestock. The case was remanded to the lower court to have a hearing to comport with the due process rights of the appellant

Rider V. Blackfeet Indian Housing Authority, 91-Ap-02 (Blkft. Tr. Ct. App., July 2, 1992), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court reversed a lower court decision which upheld an eviction of a tenant from tribal housing for drug related criminal activity. Pursuant to the Blackfeet Indians Housing Authority’s grievance policy, which assures tenants right to a hearing, procedure by which hearing may be obtained, right to examine documents, be represented by counsel, present evidence and arguments, and have a decision rendered solely upon facts based at the hearing, the tenant was denied those rights to due process. The Housing Authority did not follow its own grievance process. The eviction was stayed pending …

In Re Bear Medicine Children, 92-Ap-14 (Blkft. Tr. Ct. App., July 1, 1992), Blackfeet Appellate Court

Court Decisions

• 92)

• In the Blackfeet Tribal Court of Appeals concerning the determination of the best interests of children when deciding custody, the Appellate court remanded the case back to trial court because the children were not afforded the opportunity to have their best interests represented in court so the decision to determine their custody could be made. Child custody cases are not civil matters where failure to appear by one party results in default judgement. Failure of counsel to appear for one parent cannot undermine the rights of the children. If counsel could not appear, the court should have designated an …

  ---

  Go to article

Cobell V. Cobell-Magee, 91-Sc-01 (Blkft. Sup. Ct., June 29, 1992), Blackfeet Appellate Court

Court Decisions

• In an appeal to the Blackfeet Supreme Court, the Court addressed ten issues.

• 1) Whether the trial Court and Court of Appeals erred in providing a modification of custody where the Respondent had not filed a Petition for Modification of custody and where there was no proof that would support a modification? The Court determined that under the Blackfeet Tribal code, all divorces, including child custody and support, must be consummated with Montana State Law and abide by those standards, unless some specific provision of the tribal code requires otherwise. However, since the sole remaining minor, in this case, was …

  ---

  Go to article

In Re Tatsey Children, 91-J-72 (Blkft. Tr. Ct. App., May 28, 1992), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court granted a Writ of Habeas Corpus and ordered the immediate release of an individual erroneously placed in the BIA Jail on a 72 hour hold for failure to comply with a court order to get as assessment for drugs and alcohol by May 22, 1992. The underlying order arose from a custody dispute over Defendant’s children where the Defendant agreed to voluntarily see drug and alcohol evaluation. No evidence was present to substantiate involuntary commitment.

Racine V. Morgan, 92-Ap-07 (Blkft. Tr. Ct. App., May 11, 1992), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court the Court granted a defendant’s motion to dismiss, holding he may not be held liable if negligence of driver is not imputed to the owner. In this case, no facts support that the owner (defendant) of the vehicle was the driver of the vehicle when it collided with plaintiff’s vehicle. Fundamental rule of law recognizes that negligence of the driver cannot be imputed to the owner of the vehicle, absent special conditions. The Claim was dismissed for failure to state a claim upon which relief could be granted.