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11 ILR 1 (1984)

handle is hein.amindian/indlr0011 and id is 1 raw text is: INDIAN LAW REPORTER A PUBLICATION OF THE AMERICAN INDIAN LAWYER TRAINING PROGRAM, INC. January 1984 Volume 11, No. 1 Month-in-Brief I UNITED STATES COURTS OF APPEALS Aboriginal Title: Extinguishment Reservations: Diminishment The Ninth Circuit holds that the Coeur d'Alene Tribe does retain a beneficial interest in the Heyburn State Park land which was conveyed by the United States to Idaho. Idaho, et al. v. Andrus, et al., No. 80-3013 (9th Cir., Dec. 1, 1983). Trespass to Indian Land The Eighth Circuit affirms that the decision in Oglala Sioux Tribe v. United States, 650 F.2d 140 (8th Cir. 1981), cert. denied, 455 U.S. 907 (1982), bars the present action. Oglala Sioux Tribe v. Homestake Mining Co., et al., No. 82-2101 (8th Cir., Dec. 9, 1983). Jurisdiction, Federal Court: Habeas Corpus (Tribal) The Ninth Circuit agrees to grant plaintiff's habeas corpus petition unless the tribal appellate court conducts certain fur- ther proceedings. Smith v. Confederated Tribes of the Warm Springs Reservation, et al., No. 82-3433 (unpublished) (9th Cir., Nov. 15, 1983). Criminal Jurisdiction: Major Crimes Act The Eighth Circuit holds that general federal criminal stat- utes are applicable on Indian reservations. United States v. Blue, No. 82-1995 (8th Cir., Dec. 1, 1983). UNITED STATES DISTRICT COURTS Sovereignty: Sovereign Immunity; Tribal The Florida District Court finds that plaintiff's reverse dis- crimination claim against the Seminole Tribe brought under the Indian Civil Rights Act is barred by sovereign immunity. Stroud v. Seminole Tribe, No. 82-8395-CIV-JAG (D. Fla., Nov. 28, 1983). Hunting: Fishing, Trapping and Gathering Rights: Reserva- tion Tribal Law: Applicability to Nonmembers The Arizona District Court rules that Arizona's hunting and fishing regulations are not applicable on the Fort Apache Reservation. White Mountain Apache Tribe v. Arizona, et al., No. CIV77-867PHXWPC (D. Ariz., Oct. 24, 1983). TRIBAL COURTS Tribal Law: Tribal Codes The Salt River Community Court dismisses a civil rights action brought by delinquent taxpayers against the commu- nity. Makil, et al. v. Seota, et al., No. C-83-0045 (Salt R. Cm. Ct., Sept. 23, 1983) 11 ILR 1 Copyright © 1984 by the American Indian Lawyer Training Program, Inc. Rights of redistribution or reproduction belong to copyright owner. ISSN-0097-1154

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