Interest of A.B.
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| 20050223 |
In the Interest of A.B. and M.B., Children
Tamera Ressler, L.S.W., Petitioner and Appellant
v.
C.B. and R.F., T.S., A.B.,
M.B. and Jan Gabriel,
Lay Guardian ad Litem, Respondents
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White Earth Band of Chippewa Indians, Intervenor and Appellee
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| Appeal from: |
Juvenile Court,
East Central Judicial District,
Cass County
Judge Wade L. Webb |
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Nature of Action: |
Juvenile Law
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| Counsel: |
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| Term: |
12/2005 Argument: 12/05/2005 01:30pm
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| ND cite: |
2005 ND 216
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| NW cite: |
707 N.W.2d 75
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Whether the District Court erred in granting Tribe's Motion to Intervene, where children are biological children of an enrolled member but not eligible for membership in Tribe and Tribe has recognized children solely for the purpose of the
applicability of ICWA.
Appellee's Statement of the Issues:
I.Cass County Social Services lacks standing to constitutionally challenge the validity of the Indian Child Welfare Act on an equal protection or substantive due process basis.
II.The State Court lacks jurisdiction to review a tribal determination that children of an enrolled member are "eligible for membership".
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 Add Docket 20050223 RSS
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| 1 | | 07/01/2005 | |
NOTICE OF APPEAL: 06/30/2005 |
| 2 | | 07/01/2005 | |
ORDER FOR TRANSCRIPT: 06/30/2005 |
| 3 | | 08/02/2005 | |
RECORD ON APPEAL (not rec'd - 5 & 14 (tapes)) |
| 4 | | 08/09/2005 | |
TRANSCRIPTS DATED 3-08-05; 4-05-05; 5-24-05 |
| 5 | | 08/09/2005 | |
DISK - e-mailed (TR1 - dated 3-08-05) (TR2 - dated 4-05-05); (TR3 - dated 5-24-05) |
| 6 | | 09/19/2005 | |
APPELLANT BRIEF |
| 7 | | 09/19/2005 | |
APPELLANT APPENDIX |
| 8 | | 09/27/2005 | |
Eight copies of the notice of appeal (inserted into Appendix) |
| 9 | | 10/06/2005 | |
Corrected covers for ATB & ATA |
| 10 | | 10/06/2005 | |
DISK - atb (e-mailed) |
| 11 | | 10/19/2005 | |
APPELLEE BRIEF (White Earth Band of Chippewa Indians) |
| 12 | | 10/28/2005 | |
Corrected cover page, TOA, & pages for AEB |
| 13 | | 10/28/2005 | |
DISK - aeb (e-mailed) |
| 14 | | 12/05/2005 | |
APPEARANCES: Susan L. Bailey; Zenas Baer |
| 15 | | 12/05/2005 | |
ARGUED: Bailey; Baer |
| 16 | | 12/05/2005 | |
ORAL ARGUMENT WEBCAST |
| 17 | | 12/20/2005 | |
DISPOSITION: DISMISSED |
| 18 | | 12/20/2005 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 19 | | 12/20/2005 | |
Costs on appeal taxed in favor of appellee |
| 20 | | 12/21/2005 | |
Judgment Mailed to Parties |
| 21 | | 12/22/2005 | |
Mot. Ext/Time Petition for Rehearing |
| 22 | | 12/22/2005 | |
ACTION BY CLERK (MPR). Granted: 01/17/2006 |
| 23 | | 12/22/2005 | |
E-FILED MOTION (MPR/by facsimile) |
| 24 | | 01/13/2006 | |
PETITION FOR REHEARING |
| 25 | | 01/13/2006 | |
DISK - PER (e-mailed) |
| 26 | | 01/31/2006 | |
ACTION BY SUPREME COURT (PER). Denied |
| 27 | | 02/10/2006 | |
MANDATE |
| 28 | | 02/16/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |