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CHEYENNE RIVER SIOUX TRIBE v. DAVIS

No. 26448.

822 N.W.2d 62 (2012)

2012 S.D. 69

CHEYENNE RIVER SIOUX TRIBE, Petitioner, v. The Honorable Jeff W. DAVIS, Presiding Judge of the South Dakota Seventh Judicial Circuit, Respondent.

Supreme Court of South Dakota.

Decided October 10, 2012.

Attorney(s) appearing for the Case

Dana L. Hanna , Rapid City, South Dakota, Attorney for petitioner.

Nathan R. Oviatt of Goodsell Quinn, LLP, Rapid City, South Dakota, Attorneys for respondent, The Honorable Jeff W. Davis.

Glenn A. Brenner , Pennington County State's Attorney, Patrick Grode , Pennington County Deputy State's Attorney, Rapid City, South Dakota, Attorneys for respondent, State of South Dakota.

GILBERTSON, Chief Justice.

[¶ 1.] This is an original proceeding for a writ of mandamus or prohibition commenced by the Cheyenne River Sioux Tribe (Tribe) against the Honorable Jeff W. Davis, Presiding Judge of the Seventh Judicial Circuit.1 We dismiss the application for a writ.

Facts and Procedural History

[¶ 2.] Three unattended Native American children, ages sixteen...

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