Us Supreme Court Court February 1998 Judgments
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Alaska Vs. Native Village of Venetie Tribal Government
Court: US Supreme Court
Decided on: Feb-25-1998
Alaska v. Native Village of Venetie Tribal Government - 522 U.S. 520 (1998) OCTOBER TERM, 1997 Syllabus ALASKA v. NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 96-1577. Argued December 10, 1997-Decided February 25, 1998 In 1943, the Secretary of the Interior created a reservation for the Neets'aii Gwich'in Indians on approximately 1.8 million acres surrounding Venetie and another tribal village in Alaska. In 1971, Congress enacted the Alaska Native Claims Settlement Act (ANCSA), which, inter alia, revoked the Venetie Reservation and all but one of the other reserves set aside for Native use by legislative or Executive action, 43 U. S. C. 1618(a); completely extinguished all aboriginal claims to Alaska land, 1603; and authorized the transfer of $962.5 million in state and federal funds and approximately 44 million acres of Alaska land to state-chartered private business corporations to be formed...
Rivet Vs. Regions Bank of LA.
Court: US Supreme Court
Decided on: Feb-24-1998
Rivet v. Regions Bank of La. - 522 U.S. 470 (1998) OCTOBER TERM, 1997 Syllabus RIVET ET AL. v. REGIONS BANK OF LOUISIANA ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-1971. Argued January 21, 1998-Decided February 24, 1998 Mter a partnership mortgaged its interest in the Louisiana equivalent of a leasehold estate to respondent Regions Bank of Louisiana (Bank), the partnership granted a second mortgage to petitioners, and later filed for bankruptcy. The Bankruptcy Court approved a sale of the leasehold estate to the Bank. Thereafter, the Bank acquired the underlying land and sold the entire property to respondent Fountainbleau Storage Associates (FSA). Petitioners then filed this action in Louisiana state court, alleging that transfer of the property without satisfying their rights under the second mortgage violated state law. Respondents removed the action to federal court, contending that federal-question jurisdiction existed because the...
Cass County Vs. Leech Lake Band of Chippewa Indians
Court: US Supreme Court
Decided on: Feb-24-1998
Cass County v. Leech Lake Band of Chippewa Indians - 524 U.S. 103 (1998) OCTOBER TERM, 1997 Syllabus CASS COUNTY, MINNESOTA, ET AL. v. LEECH LAKE BAND OF CHIPPEWA INDIANS CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 97-174. Argued February 24, 1998-Decided June 8,1998 During the late 19th century, the Federal Government instituted a policy of removing portions of reservation land from tribal ownership and federal protection, allotting some parcels to individual Indians in fee simple and providing for other parcels to be sold to non-Indians. Most allotments were implemented pursuant to the General Allotment Act (GAA), which provided that land would be patented to individual Indians and held in trust for 25 years, after which title would be conveyed in fee simple, 5, and that Indian allottees were subject to plenary state jurisdiction, 6. The Burke Act amended 6 to provide that state jurisdiction did not attach until the end of the trust period,...
Hopkins Vs. Reeves
Court: US Supreme Court
Decided on: Feb-23-1998
Hopkins v. Reeves - 524 U.S. 88 (1998) OCTOBER TERM, 1997 Syllabus HOPKINS, WARDEN v. REEVES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 96-1693. Argued February 23, 1998-Decided June 8,1998 Respondent was indicted on two counts of felony murder under Nebraska law. The Nebraska first-degree murder statute defines felony murder as murder committed in the perpetration of certain enumerated felonies, including, as relevant here, sexual assault and attempt to commit sexual assault in the first degree. Under Nebraska law, intent to kill is conclusively presumed if the State proves intent to commit the underlying felony. A felony-murder conviction makes a defendant eligible for the death penalty, which in Nebraska is imposed judicially, not by the trial jury. The trial court refused respondent's request to instruct the jury on second-degree murder and manslaughter on the ground that the State Supreme Court consistently has held that these crimes are n...
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