Section TCT.03.11 — Opinions Of The Stockbridge-Munsee Court Of Appeals

(a) Opinions of the Stockbridge-Munsee Court of Appeals. Opinions of the Stockbridge-Munsee Court of Appeals shall be in writing and normally handed down within sixty (60) days after an appeal presents oral arguments or the appeal that is not seeking oral arguments has been submitted to the justices of the Stockbridge-Munsee Court of Appeals for decision.

(b) Opinions of the Stockbridge-Munsee Court of Appeals are Final Decisions.

(1) The Stockbridge-Munsee Court of Appeals is the court of last resort of any decision originating in the Stockbridge-Munsee Tribal Court.

(2) Opinions of the Stockbridge-Munsee Court of Appeals relating to tribal administrative matters originating in the Stockbridge-Munsee Tribal Court are final and non-appealable except by writ of certiorari to the U.S. Supreme Court if a question of U.S. federal law is involved in the case or via federal habeas corpus as discussed in 28 U.S.C. § 2255.

(1) All opinions of the Stockbridge-Munsee Court of Appeals shall be published by or made available through the Stockbridge-Munsee Tribal Court Clerk, subject to any guidelines/limitations explicitly set forth under Tribal law.

(2) Said opinions shall have case numbers showing first the year (e.g., 2018) and then the decision number for that year (e.g., 2018-5 = the fifth decision of the Stockbridge-Munsee Court of Appeals for the year 2018).

(3) Decisions of a panel of the Stockbridge-Munsee Court of Appeals that have at least three (3) justices shall be considered controlling precedent for later cases coming before the Stockbridge-Munsee Court of Appeals or Stockbridge-Munsee Tribal Court absent said opinions being modified by ordinance or later decisions of the Stockbridge-Munsee Court of Appeals.

(4) All other opinions of the Stockbridge-Munsee Court of Appeals, (e.g. single justice opinions), shall be considered persuasive authority for future cases coming before the Stockbridge-Munsee Court of Appeals or Stockbridge-Munsee Tribal Court.

(5) Published decisions of the Stockbridge-Munsee Court of Appeals shall be published on the Casemaker legal research service on a non-exclusive basis so long as said service continues to be offered to the Stockbridge-Munsee Court of Appeals free of charge.