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FORT
PECK TRIBAL COURT OF APPEALS
FORT PECK INDIAN RESERVATION
ASSINIBOINE AND SIOUX TRIBES
POPLAR, MONTANA
| IN THE MATTER OF: ERIN RICKER, a minor Indian child |
Appeal No.225 |
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OPINION
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This matter
coming before this Court on an Appeal filed December 1, 1995 on behalf of Lanette
Trottier (Petitioner herein) by and through her counsel, Richard L. Erie, Esq.
and Mary Cleland, Lay Advocate, both of Wolf Point, MT., and this Court ordering
Oral Argument in the matter at 9:00 a.m. December 5, 1995, and Petitioner appearing
through her counsels of record, Respondent George Ricker, Jr. appearing through
his counsel, Rene A. Martell, Esq. of Wolf Point, MT., and the Guardian Ad-Litem,
Bryce M. Wildcat, Esq. of Poplar, MT., appearing on behalf of the minor Indian
Child and this Court having heard each of the parties in the matter, and good
cause appearing, it is the Order of this Court:
1. That the
Order denying Petitioner’s request to call witnesses at the Emergency Hearing
presently scheduled for December 6, 1995, is reversed with instructions to the
Tribal Court to set a date within seven days of this Order for an exchange of
Witness Lists by all parties who have not previously done so.
2. That the
Emergency Hearing Date of December 6, 1995 is set aside and the matter is remanded
to the Tribal Court for resetting on the Court’s calendar not sooner than December
19, 1995.
3. That the
matter is further remanded to the Tribal Court to impose sanctions upon Petitioner’s
attorney, Richard L. Erie, Esq., if, in the opinion of the Tribal Court, such
sanctions are appropriate.
4. An
Opinion by this Court follows under separate cover.
Entered this _____ day of December, 1995.
FOR THE FORT PECK COURT OF APPEALS:
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Gary M. Beaudry, Chief Justice
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Gary P. Sullivan, Associate Justice