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37 ILR 1 (2010)

handle is hein.amindian/indlr0037 and id is 1 raw text is: January 2010 Celebrating 37 Years of Service Volume 37, No. 1 Month in Brief UNITED STATES COURTS OF APPEALS FIFTH CIRCUIT Criminal Jurisdiction and Procedure The U.S. Court of Appeals for the Fifth Circuit finds that the district court erred in sua sponte transferring a case from the Del Rio Division of the Western District of Texas to the Waco Division and thus vacates the defendants' convictions for embezzlement of funds from the Kickapoo Traditional Tribe of Texas and remands for a new trial in a venue determined in accordance with Rule 18 of the Federal Rules of Criminal Pro- cedure. United States v. Garza, Jr., et al., No. 08-50186,37 Indian L. Rep. 2001 (5th Cir., Jan. 5,2010). NINTH CIRCUIT Indian Civil Rights Act: Habeas Corpus Tribal Membership: Enrollment Tribal Membership: Power of Revocation In an action challenging their disenrollment from the Pechanga Band of the Luiseno Mission Indians in a petition for habeas corpus under the Indian Civil Rights Act, the U.S. Court of Appeals for the Ninth Circuit concludes that it lacks subject matter jurisdiction to consider the claim because the appellants were not detained and holds that the appellants cannot bring their claims under 25 U.S.C. § 1303 and thus affirms the district court. Jeffredo, et al. v. Macarro, et al., No. 08-55037, 37 Indian L. Rep. 2003 (9th Cir., Dec. 22, 2009). Hunting, Fishing, Trapping and Gathering Rights Treaties with United States The U.S. Court of Appeals for the Ninth Circuit affirms the district court's ruling in a sub-proceeding of US. v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), in which the district court concluded that the judge in the action, Judge Boldt, did not intend to include the Saratoga Passage and Skagit Bay in the Suquamish Tribe's usual and accustomed fishing grounds for Puget Sound Tribes. Upper Skagit Indian Tribe, et al. v. Wash- ington, et al., No. 07-35061, 37 Indian L. Rep. 2009 (9th Cir., Jan. 5,2010). Federal Acknowledgment Hunting, Fishing, Trapping and Gathering Rights Treaties with United States The U.S. Court of Appeals for the Ninth Circuit affirms the district court's judgment denying the Rule 60(b) motion of the Samish Tribe for relief from the judgment in United States v. Washington, 476 F. Supp. 1101, 1106 (W.D. Wash. 1979), affd 641 E 2d. 1368 (9th Cir. 1981), concluding that the federal recogni- tion of a tribe has no effect on the establishment of treaty fish- ing rights that are the subject of the action, and overrules its holding in United States v. Washington, 394 F.3d. 1152, 1161 (9th Cir. 2005). United States v. Washington, et al., No. 08-35794, 37 Indian L. Rep. 2011 (9th Cir., Dec. 11, 2009). FEDERAL CIRCUIT Civil Jurisdiction and Procedure Trust Funds Trust Responsibility, United States Adopting the fiduciary exception in tribal trust cases and denying the petition for mandamus, the U.S. Court of Appeals for the Federal Circuit holds that the United States cannot deny an Indian tribe's request to discover communications between the United States and its attorneys based on attomey-client priv- ilege when those communications concern management of an Indian trust and the United States has not claimed that the gov- ernment or its attorneys considered a specific competing interest in those communications. In re United States, Misc. Docket No. 908,37 Indian L. Rep. 2016 (Fed. Cir., Dec. 30,2009). 37 ILR 1 L I Copyright © 2010 by the American Indian Lawyer Training Program, Inc. Rights of redistribution or reproduction belong to the copyright owner. ISSN-0097-1154 INDIAN LAW REPORTER A PUBLICATION OFTHE AMERICAN INDIAN LAWYER TRAINING PROGRAM, INC

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