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20 ILR 1 (1993)

handle is hein.amindian/indlr0020 and id is 1 raw text is: INDIAN LAW REPORTER A PUBLICATION OF THE AMERICAN INDIAN LAWYER TRAINING PROGRAM, INC. January 1993 Volume 20, No. 1 Fr Month-in Brief UNITED STATES COURTS OF APPEALS Statute of Limitations and Laches: Adverse Possession Following remand from the Supreme Court, the Fourth Circuit affirms in part and reverses in part the district court judgment that certain claimants met the adverse possession requirements of South Carolina law to claim title to land to which the Catawba Tribe of South Carolina asserted a right of possession. Catawba Indian Tribe of South Carolina v. South Carolina, et al., No. 90-2446, 20 Indian L. Rep. 2001 (4th Cir., Sept. 22, 1992). Civil Rights: Prisoners' Rights Customs, Traditions and Culture: Religion The Eighth Circuit affirms the district court's grant of summary judgment against an Indian inmate who challenged a regulation which has no exemption for Indian inmates and which prohibits inmates from wearing their hair longer than the base of the shirt collar. Holmes v. Schneider, et al., No. 92-1451 (unpublished), 20 Indian L. Rep. 2008 (8th Cir., Nov. 6, 1992). Sovereignty: Sovereign Immunity; Tribal The Ninth Circuit reverses the district court in a bank- ruptcy proceeding imposing a judgment for preferential transfer by the debtor to Mt. Adams Furniture, a wholly owned and operated business of the Yakima Indian Nation, and holds that the Yakima Indian Nation is immune from suit by a bankruptcy trustee on the grounds of tribal sover- eign immunity. Richardson v. Mt. Adams Furniture, No. 91- 35491, 20 Indian L. Rep. 2008 (9th Cir., Nov. 25, 1992). Civil Procedure The Eighth Circuit affirms the district court's dismissal for lack of standing of a claim brought by a non-Indian against a bingo management company asserting that the company vio- lated 25 U.S.C. § 81 by contracting with the Winnebago Indi- an Tribe to operate bingo halls on tribal land without first obtaining approval from the Secretary of Interior on the grounds that appellant did not allege injury and is not within the zone of interests protected by section 81. Schmit v. Inter- national Finance Management Co., et al., No. 91-3013NE, 20 Indian L. Rep. 2014 (8th Cir., Nov. 20, 1992). Criminal Jurisdiction: Indian Country The Second Circuit affirms the district court's jurisdiction to enter judgments of conviction against Indian defendants for crimes committed against other Indians on Indian land but reverses the convictions on counts I and II because of errors in the jury charge and remands to the district court for further proceedings on those counts. United States v. Markiewicz, et al., Nos. 91-1077-1081 and 91-1135, 20 Indian L. Rep. 2014 (2d Cir., Nov. 3, 1992). Criminal Jurisdiction: Major Crimes Act Jurisdiction, Federal Court The Fourth Circuit holds that an acquittal on a felony count does not divest the court of jurisdiction over lesser- included offenses in an appeal by an American Indian of his conviction under the Major Crimes Act. United States v. Walkingeagle, No. 91-5420, 20 Indian L. Rep. 2023 (4th Cir., Sept. 8, 1992). Attorneys The Ninth Circuit affirms the district court's imposition of sanctions against an attorney representing the Colville Confe- derated Tribes. Veeder v. Walton, et al., Nos. 91-35490 & 91- 35755, 20 Indian L. Rep. 2027 (9th Cir., Nov. 13, 1992). 20 ILR 1 Copyright © 1993 by the American Indian Lawyer Training Program, Inc. Rights of redistribution or reproduction belong to copyright owner. ISSN-0097-1154

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