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https://www.courtlistener.com/api/rest/v3/opinions/8502876/ | OPINION
Opinion delivered by
TSO, Chief Justice.
The issue is whether this Court may suspend operation of Rule 8 of the Navajo Rules of Civil Appellate Procedure and grant plaintiff an extension of time to file his appeal. We hold that Rule 8 cannot be suspended and dismiss the appeal for lack of jurisdiction.
This cas... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502877/ | OPINION
Opinion delivered by
Austin, Associate Justice.
Appellant, Rose Begay, filed this appeal challenging the district court's disposition of Mutual Help Housing pursuant to a divorce decree. The decree was entered in the Crownpoint District Court on February 9,1989. The only issue on appeal is whether the court abu... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502933/ | OPINION
Opinion delivered by
Austin, Acting Chief Justice.
This appeal results from a dispute over the construction, financing, and sale of a defective home for Plaintiff-Appellee Guy Todacheeney. The district court found the Defendants-Appellants Romero and Laura Brown liable for breach of the implied warranty of habi... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502934/ | OPINION
Opinion delivered by
YAZZIE, Chief Justice.
I
This is an appeal from the Kayenta Family Court involving the probate of Buck Austin’s estate. The Appellant, Lillie Austin, contends the family court erred in ruling that she had no claim to Buck Austin’s property because she was not married to him.
On September 6,... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502936/ | OPINION
Opinion delivered by
Yazzie, Chief Justice.
The plaintiffs-appellants, Dan Jones, et al., appeal the Window Rock District Court’s dismissal of a wrongful death and personal injury case. The district court dismissed the complaint because the appellants failed to comply with a court order compelling discovery and... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502937/ | OPINION
Opinion delivered by
AUSTIN, Associate Justice.
The issue in this case is whether section 1509 of the Navajo Business and Procurement Act grants this court jurisdiction to review an appeal of a final decision entered by a hearing officer of the Navajo Nation Department of Financial Services. We hold that this c... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502938/ | YAZZIE, Chief Justice,
Concurring on different grounds.
It is dangerous for the Court to reason that since trial courts are not appellate bodies and the Navajo Nation Supreme Court is an appellate body, agency appeals must go to the Supreme Court. That approach overlooks the origin, nature, and history of appeals. At c... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502939/ | OPINION
Opinion delivered by
YAZZIE, Chief Justice.
This appeal involves the dismissal of a suit filed by Lolita Thomas against Herbert Sueco and the Navajo Nation for the wrongful death of her son, Alfred Thomas Jr. (Alfred).
I
Alfred, a sixteen year old, attended the Navajo Nation’s Summer Youth Employment Training P... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502940/ | OPINION
Opinion delivered by
YAZZIE, Chief Justice.
This is an appeal from an August 11, 1992 decision of the Navajo Nation Workmen’s Compensation/Employees’ Benefits Review Board. The Court has jurisdiction over the appeal pursuant to the Navajo Nation Workmen’s Compensation Act, 15, N.T.C. § 1011(b).
I
Ray Joe Jr. is... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502941/ | AUSTIN, Associate Justice,
Dissenting.
Claimant Joe was a diesel mechanic, who suffered two injuries to his back. For the first injury, Joe received $8,000.00 in compensation, not from the Navajo Nation, but from the manufacturer of the transmission in an out of court settlement. The second injury aggravated the first ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502942/ | OPINION
Opinion delivered by
Austin, Associate Justice.
On April 30, 1992, the Navajo Nation Labor Commission (Commission) entered a final decision in a dispute betwen PC&M Construction Company (PC&M) and Office of Navajo Labor Relations (ONLR). ONLR was acting in an ex rel. capacity for three construction workers who ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502943/ | OPINION
Opinion delivered by
AUSTIN, Associate Justice.
On April 27, 1993, a special election was held in Canoncito Chapter to elect a chapter secretary/treasurer. The appellant was a candidate in this election. On this day, four employees of the Navajo Election Administration arrived in Canoncito before 8:00 a.m., but... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502878/ | OPINION
Opinion delivered by
Bluehouse, Associate Justice.
The issue is whether this appeal should be dismissed because the appellant failed to file his brief in accordance with Rule 12 of the Navajo Rules of Civil Appellate Procedure. We dismiss the appeal.
I
The final judgment was entered by the Window Rock District ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502881/ | OPINION
Opinion delivered by
Tso, Chief Justice.
Appellant Johnny R. Thompson, Vice Chairman of the Navajo Tribal Council, appeals the decision of the Window Rock District Court dated May 17, 1989. In its decision the district court held that Navajo Tribal Council Resolution CMA-10-89, which placed appellant on paid ad... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502882/ | OPINION
Opinion delivered by
TSO, Chief Justice.
This case requires us to decide whether a writ of habeas corpus should be issued for the benefit of the applicant, Jerry D. Johnson. We deny the application.
I
The facts are rather scanty. It appears that on March 14, 1990, the Chinle Family Court found Applicant Johnson... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502885/ | OPINION
Opinion delivered by
AUSTIN, Associate Justice.
This appeal arose from a suit on an alleged oral agreement for brokerage services in the sale of land to the Navajo Nation. None of the parties are residents of the Navajo Nation and only one is a member of the Navajo Tribe. The facts will be reviewed de novo with... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502886/ | OPINION
Opinion delivered by
TSO, Chief Justice.
This is an original petition filed by Petitioner Kay C. Bennett seeking to enjoin the Navajo Board of Election Supervisors (Board) from certifying the 1990 Navajo Nation presidential candidates, and to enjoin the August 7, 1990 Navajo Nation Primary Elections.
I
Kay C. B... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502888/ | OPINION
Opinion delivered by
TSO, Chief Justice.
The matters before the Court are an appeal, application for a writ of prohibition, and motion for emergency setting of appeal. The Navajo Nation opposes both the appeal and the application for a writ of prohibition.
The essence of both the appeal and the application for ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502889/ | OPINION
Opinion delivered by
AUSTIN, Associate Justice.
I
Petitioner Steven Boos initiated this original proceeding before this Court seeking to prohibit Judge Robert Yazzie, trial judge of the Window Rock District Court, from enforcing an order appointing petitioner to represent an indigent defendant accused of crimin... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502890/ | OPINION
Opinion delivered by
TSO, Chief Justice.
This is an original action for a writ of prohibition. Four attorneys represent defendant Peter MacDonald Sr. in criminal charges pending in the Window Rock District Court of the Navajo Nation. They are Val R. Jolley and Randall Roberts (of the law firm of Roberts & Jolle... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502891/ | OPINION
Opinion delivered by
AUSTIN, Associate Justice.
The issues in this appeal are as follows: 1) whether the Navajo Nation courts have jurisdiction to hear federal ERISA claims; 2) whether the federal removal statute applies to Navajo Nation courts; and 3) whether comity is an appropriate reason for the Navajo Nati... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502892/ | OPINION
Opinion delivered by
TSO, Chief Justice.
This is a direct appeal from a February 9, 1987 administrative decision of the Navajo Labor Relations Board. The Navajo Supreme Court has jurisdiction to hear appeals from final administrative orders, as provided by law. 7 N.T.C. § 801(a). Appeals from the final decision... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502893/ | Opinion delivered by
CADMAN, Associate Justice.
This is an appeal from an order enforcing a probate decree. The order required an unsuccessful heir and claimant against an intestate estate to remove his cattle from grazing permit lands awarded to the decedent's surviving widow.
On appeal, the appellant, Hugh Plummer, c... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502894/ | OPINION
Opinion delivered by
BLUEHOUSE, Associate Justice.
The issue here is whether the appeal filed in this case should be dismissed because of the appellant's failure to file a brief as required by Rule 12 of the Navajo Rules of Civil Appellate Procedure. We grant the motion to dismiss the appeal.
I
The final appeal... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502895/ | OPINION
Opinion delivered by
AUSTIN, Associate Justice.
This case presents the question of which of two orders is the final order from which an appeal can be taken.
I
The parties were granted a divorce on October 15, 1983. The divorce decree did not specify a monetary amount of child support other than that each party ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502896/ | OPINION
Opinion delivered by
AUSTIN, Associate Justice.
This is an original action for a writ of habeas corpus under 7 N.T.C. § 303. Rule 26(d) of the Navajo Rules of Civil Appellate Procedure applies to petitions for writs of habeas corpus, and the Court has previously entered an order summarily denying this petition ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502897/ | OPINION
Opinion delivered by
TSO, Chief Justice.
This is an appeal from orders of the Window Rock District Court, made pursuant to 2 N.T.C. § 1982, denying motions to quash investigative subpoenas and requiring Peter MacDonald Sr. and his wife, Wanda MacDonald, to produce certain documents. The appeal is accepted pursu... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502898/ | OPINION
Opinion delivered by
BLUEHOUSE, Acting Chief Justice.
This case came before this Court as both an appeal and as a petition presenting questions certified by the Navajo Board of Election Supervisors. We dismiss the appeal and the petition for lack of jurisdiction.
I. Facts
On November 2, 1990, the Navajo Board o... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502899/ | OPINION
Opinion delivered by
BLUEHOUSE, Associate Justice.
In this case, the Navajo Nation appeals from a decision of the Navajo Board of Election Supervisors (Board) to prevent the Board from conducting elections for the office of Navajo Nation Council Delegate on November 6, 1990, and elections for the offices of Pre... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502900/ | OPINION
Opinion delivered by
AUSTIN, Associate Justice.
This is an appeal from an order of the Shiprock District Court, dated April 20, 1990, dismissing a petition for judicial review of administrative decisions of the District 12 Grazing Committee and the Resources Committee of the Navajo Tribal Council. That order is... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502901/ | OPINION
Opinion delivered by
AUSTIN, Associate Justice.
The issue in this case is whether the appellants have filed a timely appeal of a final decision of the Navajo Board of Election Supervisors. The appeal is late, therefore, we dismiss the appeal for lack of jurisdiction.
I
The appellants are the elected officials o... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502902/ | OPINION
Opinion delivered by
BLUEHOUSE, Associate Justice.
This is an appeal from an order of the Family Court for the Crownpoint Judicial District, denying a motion to reopen a decree of adoption. The natural mother of the adopted child appeals, contending that she did not consent to the adoption.
I. FACTS
J.L.B. is a... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502903/ | OPINION
Opinion delivered by
CADMAN, Associate Justice.
Kay C. Bennett (“Bennett”), the appellant, appeals from a decision of the Navajo Board of Election Supervisors (“Board”), the appellee, disqualifying her as a candidate for the office of president in the 1990 Navajo Nation primary election. She appeals pursuant to... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502904/ | OPINION
Opinion delivered by
Austin, Associate Justice.
This is an appeal from a December 7, 1990 decision of the Navajo Board of Election Supervisors, denying a statement of grievance regarding the November 20,1990 Navajo Nation general election, filed by Lenora Y. Fulton. The decision of the Navajo Board of Election ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502905/ | OPINION
Opinion delivered by
Tso, Chief Justice.
This is an appeal from a December 4, 1990 decision of the Navajo Board of Election Supervisors, dismissing a November 29, 1990 statement of grievance filed by Leonard Haskie, a candidate for the office of president of the Navajo Nation in the November, 1990 general elect... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502907/ | OPINION
Opinion delivered by
TSO, Chief Justice.
This is an appeal taken by Evelyn and Watson Hood (“appellants”) from a final opinion and order of the Crownpoint District Court, dated April 11, 1990, denying appellants’ claims that David and Delores Bordy (“appellees”) had breached a contract to purchase a home from a... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502908/ | OPINION
Opinion delivered by
AUSTIN, Associate Justice.
This is an appeal taken by Herman Silver (“appellant”) from a final order of the Window Rock District Court, dated October 3,1991, recognizing and enforcing a support decree entered by the 13th Judicial District Court of the State of New Mexico; finding that appel... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502909/ | OPINION
Opinion delivered by
BLUEHOUSE, Associate Justice.
This appeal is from a December 13, 1990 decision of the Navajo Board of Election Supervisors, disqualifying the appellant, Herbert J. Pioche, as a candidate and withholding certification of his election for noncompliance with the Navajo Election Code of 1990.
I... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502910/ | OPINION
Opinion delivered by
Austin, Associate Justice.
This appeal is from a June 16, 1989 decision of the Navajo Tax Commission which ruled that the appellant, Navajo Communications Company, Inc., is not exempt from the Navajo Business Activity Tax. The overall question is whether the Navajo Nation has granted Navajo... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502912/ | OPINION
Opinion delivered by
TSO, Chief Justice.
This appeal is from a December 14, 1990 decision of the Navajo Board of Election Supervisors to withhold certification of Freddie Howard, the appellant, as the duly elected Navajo Nation Council delegate for the Chapters of Tolani Lake, Leupp, and Birdsprings. The decisi... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502914/ | OPINION
Opinion delivered by
Austin, Associate Justice.
This is an appeal by Leon Secatero, Joe Werito, and Joe D. Sandoval (appellants) from the January 24, 1991 joint summary dismissal of their Statements of Grievance (Statements) by the Navajo Board of Election Supervisors (Board). The appellants claim that because ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502917/ | OPINION
Opinion delivered by
AUSTIN, Associate Justice.
This appeal is from a decision of the Shiprock District Court, which dismissed a complaint for wrongful repossession of a vehicle, and granted a counterclaim for contract deficiencies. The primary issue on appeal is whether the district court erred in ruling that ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502918/ | OPINION
Opinion delivered by
BLUEHOUSE, Associate Justice.
The issue in this case is whether the appeal is timely. Timely filing of an appeal is a requisite to the jurisdiction of this Court. The Navajo Rules of Civil Appellate Procedure mandates filing no later than 30 days after a final decree has been entered by the... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502919/ | OPINION
Opinion delivered by
AUSTIN, Associate Justice.
This is an appeal from an order of the Chinle Family Court, entered on its own motion, dismissing a probate petition because it was filed beyond the period allowed by the statute of limitations. The dispositive issues on appeal are as follows: (1) whether the prob... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8502920/ | OPINION
Opinion delivered by
TSO, Chief Justice.
This case comes before the Court on a petition for writ of prohibition to the Shiprock Family Court. Petitioner, Stanley Barron, asserts that the courts of the Navajo Nation lack jurisdiction to hear a matter involving custody of a child, who is an enrolled member of the... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503005/ | OPINION SYLLABUS
Original petition for a writ of prohibition to the Navajo Nation Supreme Court.
HELD: The Chinle District Court has criminal jurisdiction over Russell Means, a member of the Oglala Sioux Nation, for criminal offenses allegedly committed within the Navajo Nation.
Russell Means, the petitioner, allegedly... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503006/ | OPINION
Opinion delivered by
YAZZIE, Chief Justice.
This is an original action for a writ of prohibition under 7 N.N.C. § 303 (1995) to prevent or remedy an act of the Chinle District Court which is allegedly beyond that court’s jurisdiction, namely denying Russell Means’ (“petitioner”) motion to dismiss criminal charg... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503007/ | OPINION
Opinion delivered by
Austin, Acting Chief Justice.
The petitioners1 in this action for extraordinary relief want us to rule that 1) a document filed by the Chinle District Court on November 3, 1997 entitled “Findings of Fact and Conclusions of Law” is not a final judgment, and 2) the document is not enforceable... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503008/ | OPINION
Opinion delivered by
AUSTIN, Acting Chief Justice.
The issue in this case is whether a notice of appeal submitted by facsimile machine (“fax”) to the Court is a valid, timely filing under the Navajo Rules of Civil Appellate Procedure. We conclude that the faxed notice of appeal is invalid; therefore, we dismiss... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503009/ | OPINION
Opinion delivered by
AUSTIN, Associate Justice.
The only issue ripe for decision on this motion to dismiss is whether the Appellant’s notice of appeal was timely filed. We hold that it was and deny the motion to dismiss. The other issues the Appellant has raised are extraneous and will not be considered.
I
This... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503010/ | OPINION
Opinion delivered by
YAZZIE, Chief Justice.
The Navajo Department of Employment and Training (“NDET”) appeals a decision of the Navajo Nation Labor Commission (“Commission”) that reaffirms a previous entry of default and awards default judgment damages. NDET asks this Court to reverse the Commission’s reaffirma... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503011/ | OPINION
Opinion delivered by
AUSTIN, Associate Justice.
On July 10, 1997, the Resources Committee (“Committee”) of the Navajo Nation Council made a decision to revoke a homesite lease issued several years earlier to Elvera Curley, the Appellant. She appealed the Committee’s decision to the Window Rock District Court. R... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503014/ | OPINION
Opinion delivered by
YAZZIE, Chief Justice.
On September 12, 1997, Court Commissioner William P. Battles made findings of fact and proposed domestic protection orders, endorsed by the Honorable Raymond A. Begaye as the judgment of the family court. The Appellant, Dennis Williams (“Williams”), the defendant in t... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503015/ | OPINION
Opinion delivered by
AUSTIN, Associate Justice.
The issue before the Court is whether the preemption provisions in the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1144(a), supersede Navajo Nation law and divest Navajo Nation courts of jurisdiction over this matter. This dispute centers on whe... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503018/ | Opinion delivered by
AUSTIN, Associate Justice.
This is an appeal of a September 5,1998 declaratory judgment and injunction by the Window Rock Family Court which declared interests in life insurance proceeds and directed payment of the proceeds to Nishi Gene for the benefit of the insured’s minor children.
I
This case ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503021/ | Opinion delivered by
YAZZIE, Chief Justice.
This is an appeal from a contempt judgment by the Tuba City District Court. Delmar Ray Polacca (“Polacca”) is a medical technician who had been previously employed by the Indian Health Service (“IHS”) facility in Tuba City, Navajo Nation (Arizona). It appears that he lost his... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503022/ | Opinion delivered by
AUSTIN, Acting Chief Justice.
This appeal arises from an April 29,1999 order of dismissal by the Shiprock District Court. It ruled that the plaintiff had elected Colorado workers’ compensation benefits and had been compensated for his injury under that statutory scheme. We affirm the district court... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503023/ | Opinion delivered by
YAZZIE, Chief Justice.
This is an appeal from the Window Rock Family Court, sitting in probate. This case involves the claims of the natural parents of a one and one-half year old child who was killed in a parking lot automobile incident. The parents dispute the distribution of the insurance procee... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503024/ | Opinion delivered by
Austin, Acting Chief Justice.
On May 29,1996, the Window Rock Family Court entered an order of contempt against T.M.’s (“the Appellant”) natural mother, placed legal custody of the Appellant in the Navajo Nation Division of Social Services, and awarded primary physical custody of the Appellant to t... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503025/ | Opinion delivered
Austin, Associate Justice.
The issue on appeal is whether an injured worker who initially filed her claim with the Navajo Nation Workers’ Compensation Program, and later withdrew from the administrative process to sue in Navajo Nation district court, should be required to pursue her remedy to completi... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503027/ | Opinion delivered by
Yazzie, Chief Justice.
This is an original action for a writ of habeas corpus to test the legality of the incarceration of the Petitioner, Bessie J. Pelt, for contempt of court for her failure to obey a court order directing her to satisfy a judgment rendered by the Shiprock District Court.
I
On Ju... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503028/ | Opinion delivered by
Yazzie, Chief Justice.
In December 1999, the Navajo Nation Labor Commission (“Commission”) awarded the Appellee, Dr. Lula Mae Stago, back pay, out-of-pocket expenses, and attorney’s fees upon finding that the Appellant, Wide Ruins Community School, Inc. ("Wide Ruins”) had violated the Navajo Prefer... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503029/ | Opinion delivered by
Austin, Associate Justice.
This is an appeal from an order of the Window Rock District Court, following a jury trial and award of damages, which denied Roger Singer’s motion for prejudgment interest at the rate of 12% per annum. We reverse because the district court abused its discretion in refusin... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503031/ | Opinion delivered by
YAZZIE, Chief Justice.
This appeal arises from a 1991 resolution of the Education Committee of the Navajo Nation Council adopting an apportionment plan for school board elections, and a complaint filed on April 28,1992 to challenge the validity of that plan. The original plaintiffs were the Ramah N... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503032/ | Opinion delivered by
AUSTIN, Acting Chief Justice.
This is an appeal from a July 9,1999 order of the Shiprock Family Court which dismissed a probate action on the ground of res judicata based upon a prior judgment that incorporated an agreement made in peacemaking. The prior judgment was rendered in the case of In the ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503033/ | Opinion delivered by
SLOAN, Associate Justice.
The Tuba City Judicial District (“District”) appeals from a decision of the Navajo Nation Labor Commission ("Commission”), which found the District liable for violations of the Navajo Preference in Employment Act (“NPEA”) for its removal of Cecelia Sloan (“Sloan”) from her... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503034/ | Opinion delivered by
AUSTIN, Associate Justice.
Margaret Benally, representing the Estate of John J. Benally Sr., appeals from an October 27,1998 decision that dismissed a wrongful death action arising from an industrial accident on the ground that permitting the suit would result in an unjust enrichment to the appella... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503035/ | Opinion delivered by
AUSTIN, Associate Justice
This is an appeal from an August 12,1999 judgment of Kayenta District Court granting judgment for Seth T. Bigman in a fraud action involving a grazing permit transaction. The district court granted the judgment on grounds that the fraud action was not pleaded with specific... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503037/ | Opinion delivered by
YAZZIE, Chief Justice.
This is an appeal from a March 17,1999 “Order Recognizing Foreign Judgments” of the Chinle Family Court which recognized an August T7, 2994 paternity and child support judgment of the Pima County (Arizona) Superior Court, and a January 30, 2997 modification of the original ju... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503038/ | Opinion delivered by
Ferguson, Associate Justice.
This case was appealed from the Office of Hearings and Appeals (OHA). Appellants are members of the Dilkon Community School Board and are subject to recall pursuant to the Navajo Election Code, n NNC § 241, etseq.1 An elected official may be removed by a recall petition... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503039/ | Opinion by
KING-BEN, Associate Justice.
This is an appeal from a September 15,1999 order of the Chinle District Court which granted the defendants summary judgment in a premises liability case. It involved a stabbing of an individual while using a public telephone at Rock Point Trading Post in the Arizona portion of th... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503042/ | Opinion delivered by
KING-BEN, Acting Associate Justice.
This case was heard by the Window Rock District Court on February T2,2001 *230and the district court concluded that an inter vivos gift was not completed. This is a controversy over ownership of a 1974 General mobile home, allocated on the appellant, Glenda Damon... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503044/ | Opinion delivered by
YAZZIE, Chief Justice.
KING-BEN, Associate Judge, concurred separately.
I.PROCEDURAL HISTORY
On May 3,2002, the Appellant filed with the Navajo Nation Election Administration (“NNEA”) an application for candidacy for the position of President of the Navajo Nation. On June 3, 2002, the NNEA informed... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503045/ | KING-BEN, Associate Justice,
concurring opinion.
I concur with the holding of the majority. I agree that the statute was unevenly enforced. I write separately to express my belief that the requirements of n N.N.C. §8A(i) are clear on its face.
*255The Appellant has asked this court to determine whether the residency-re... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503046/ | Opinion delivered by
KING-BEN, Associate Justice.
On May 4,2001, we held that the Navajo Nation Labor Commission (NNLC) did not have jurisdiction over Dr. Lula Mae Stago’s (Dr. Stago) claim that the Wide Ruins Community School, Inc. (Wide Ruins) violated the Navajo Preference in Employment Act (NPEA). Upon reconsiderat... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503047/ | Opinion delivered by
YAZZIE, Chief Justice.
The petitioner for a writ of habeas corpus asks the Court to consider the denial of a request to withdraw a plea of no contest to criminal charges and to retroactively apply the sentencing provisions of amendments made to the Navajo Nation Criminal Code in January of 2000 to ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503048/ | Opinion delivered by
KING-BEN, Associate Justice.
The sole issue before us is whether the District Court abused its discretion in holding that a biological parent’s support obligations commenced prior to the entry of a Declaration of Paternity.
I
Appellee Leuppe filed a paternity action against Appellant Wallace, reque... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503049/ | Opinion delivered by
FERGUSON, Associate Justice.
The issue of whether a Family Court may grant an alleged father custody of children in a Domestic Violence proceeding was raised in a habeas corpus proceeding. We hold that a putative father has no standing to request custody of a child and that a family court has no ju... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503050/ | KING-BEN, Associate Justice,
Dissenting Opinion
In response to our November 8, 2001 order denying the Crownpoint Family Court’s Motion to Vacate, four issues were raised. They are: 1) whether the Crownpoint Family Court has jurisdiction to award temporary custody of the minors to the Petitioner, the natural father; 2) ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503051/ | Opinion delivered by
FERGUSON, Associate Justice.
This dispute involves a contested validation of a traditional Navajo marriage of the Appellant, Eva Whitehorse (Whitehorse) to Chester Bekis (Bekis) who is deceased. We hold that the Petitioner/Appellant, Whitehorse, alleging she is the wife of the decedent is bound by ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503052/ | Oakwood Acceptance Corporation (Oakwood) initially filed this case for repossession of a mobile home against Alfred and Tamara Tsinigini (the Tsiniginis). Oakwood prevailed at the trial court, and the Tsiniginis filed an appeal with this Court. Oakwood then notified this Court that it had filed, as a debtor, for bankru... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503053/ | Opinion delivered by
FERGUSON, Associate Justice.
This case comes to the Court by way of motions to dismiss made by each party. We deny both motions and will proceed to hear both the appeal and cross-appeal.
MOTION TO DISMISS THE MAIN APPEAL
The Appellee, Ernest Tso, argues that the Appellant, Navajo Housing Authority ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503054/ | Opinion delivered by
YAZZIE, Chief Justice.
This appeal requires us to review a decision of the Navajo Nation Labor Commission (Labor Commission) on the Navajo Preference in Employment Act (NPEA) claims of Stewart (Silentman), a Navajo. We affirm the Labor Commission’s decision and issue this opinion to clarify the sta... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503055/ | Opinion delivered by
YAZZIE, Chief Justice.
This case involves a Petition for a Writ of Prohibition by Peabody Western Coal Company (“Peabody”) to prevent the Navajo Nation Labor Commission (“Commission”) from adjudicating a Complaint filed by a former employee of Peabody, Edward Silverhatband (“Silverhatband”). A Writ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503056/ | Opinion delivered by
FERGUSON, Associate Justice.
This case involves the termination of employee Lita Manygoats (“Manygoats”), a member of the Navajo Nation, by her employer, Cameron Trading Post (“Cameron”), a non-Indian company located on the Navajo Nation. Cameron appeals from Orders issued by the Navajo Nation Labo... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503058/ | Opinion delivered by
YAZZIE, Chief Justice.
We previously released the Petitioner from imprisonment on a writ of habeas corpus, and provide this opinion to explain that the petitioner was detained illegally because his jail sentence was indefinite.
Under a plea agreement, Petitioner was initially sentenced to 365 days ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503059/ | Opinion delivered by
YAZZIE, Chief Justice.
Petitioner Esther Bedoni filed a Petition for Writ of Prohibition against the Navajo Nation Office of Hearings and Appeals (“OHA”). We granted an Alternative Writ of Prohibition on April i, 2002, allowing Respondents Calvin Biakeddy, the Navajo Nation, and OHA ten days to fil... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503060/ | Opinion delivered by
FERGUSON, Associate Justice.
This is an appeal from a decision by the Ethics and Rules Committee of the Navajo Nation Ethics and Rules Office (the Committee) finding Appellant Margie Barton (Barton) in violation of the Ethics in Government Law.1 Decisions entered by the Committee are appealed to th... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503061/ | Opinion delivered by
YAZZIE, Chief Justice.
Petitioner Jessica Sombrero (Sombrero) seeks a Writ of Prohibition against the Kayenta Family Court to prevent enforcement of the court’s orders for child visitation, fines, attorney fees and contempt entered in Sombrero’s domestic violence proceeding under the Domestic Abuse... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503062/ | Opinion delivered by
YAZZIE, Chief Justice.
This matter comes before this Court on Appellee’s objection to a two-justice panel. Appellee contends that 7 N.N.C. § 301(A) requires a three-justice panel on all written opinions and that this Court cannot use a two-justice panel to issue its decision in this case.
I
Three j... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503063/ | *373Opinion delivered by
FERGUSON, Acting Chief Justice.
This is a products liability case that was dismissed by the Window Rock District Court for lack of subject matter jurisdiction. It concerns the prescription drug Rezulin, which had been used to treat diabetes, a disease prevalent among Native Americans. The quest... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503064/ | Opinion delivered by
FERGUSON, Associate Justice.
This case is before us on appeal from the Shiprock District Court’s denial of PacifiCorp’s motion for summary judgment and granting of its motion to abstain in favor of pending litigation in the United States District Court for the District of Utah. We affirm the distri... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503065/ | Opinion delivered hy
YAZZIE, Chief Justice.
This case is before this Court on appeal from the Shiprock District Court’s grant of summary judgment in favor of Appellee Mobil Oil Corporation, now known as ExxonMobil Corporation (Mobil). We reverse the district court and remand for further proceedings.
I
On June 30,1998, ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503066/ | Opinion delivered by
BATES ARTHUR, Chief Justice.
This is an appeal from an order of the Crownpoint District Court which dissolved a temporary restraining order and dismissed counterclaims. We vacate in part the district court’s order.
I
Petitioner-Appellee Navajo Housing Authority (NHA) is a public body created by the... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503067/ | Opinion delivered by
FERGUSON, Associate Justice.
This is an appeal from the Window Rock District Court’s dismissal of Dale Nicholson Trust’s complaint for lack of subject matter jurisdiction. We vacate the judgment and remand for further proceedings.
I
The facts are taken from the Appellant’s complaint. The Appellant,... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503076/ | Opinion delivered by
FERGUSON, Associate Justice.
This is a criminal appeal. Based on our review of the record we remand this case to the Shiprock District Court. Our reasons are set forth below.
*509I
On August 31, 2002, Appellant was involved in an automobile accident that led to his being charged with the following ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503077/ | Opinion delivered by
BEDONIE, Associate Justice.
In this appeal, we are asked to review the propriety of the Chinle District Court’s judgment invalidating Navajo Nation Council Resolutions CAP-23-00 and CJY-52-00, and its subsequent entry of a permanent injunction prohibiting the Navajo Nation’s chief financial officer... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503078/ | Opinion delivered by
BATES ARTHUR, Chief Justice.
This case concerns the scope of an appeal from a denial of a motion to set aside a judgment under Rule 60 of the Navajo Rules of Civil Procedure. Based on our review of the pleading1 and the record, we affirm the decision of the Chinle Family Court. Our reasons are set ... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503081/ | Opinion delivered by
FERGUSON, Acting Chief Justice.
This case concerns the procedure and scope of a writ of habeas corpus in juvenile cases. We previously released the child from detention, and now issue this opinion to explain that decision and the procedures and scope of relief for a juvenile habeas corpus petition.... | 01-04-2023 | 11-23-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8503082/ | Opinion delivered by
FERGUSON, Acting Chief Justice.
This case concerns the right to a jury trial for counterclaims in a repossession case. We previously issued an alternative writ of mandamus staying the case. We now issue a permanent writ compelling the Shiprock District Court to allow a jury trial on the counterclai... | 01-04-2023 | 11-23-2022 |
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