Skokomish Indian Tribe v. Hutchins, (2008)

• Court: Skokomish Tribal Court of Appeals
• Decision Date: 07 January 2008
• Docket Number: SKO-CI-9/07-355
• Citation: Skokomish Indian Tribe v. Hutchins (Skokomish Tribal Ct. of App. 2008)
• Parties: SKOKOMISH INDIAN TRIBE, PLAINTIFF AND APPELLEE, v. CHRISTOPHER J. HUTCHINS, DEFENDANT AND APPELLANT.

SKOKOMISH INDIAN TRIBE, PLAINTIFF AND APPELLEE, v. CHRISTOPHER J. HUTCHINS, DEFENDANT AND APPELLANT.

No. SKO-CI-9/07-355

Skokomish Tribal Court of Appeals Skokomish Indian Reservation Skokomish, Washington

January 7, 2008

SYLLABUS BY THE COURT

SYLLABUS^*fn1

Trial court issued order excluding Defendant from the Reservation. Court of Appeals holds that Defendant's notice of appeal fails to comply with statutory requirement that the notice identify an error that would affect the outcome of the case. Appeal dismissed.

Before: Suzanne Ojibway Townsend, Chief Justice; Lisa L Atkinson, Justice; Daniel A. Brown, Justice.

OPINION

This matter comes before the Skokomish Tribal Court of Appeals pursuant to Appellant Christopher Hutchins' letter filed with the Skokomish Tribal Court on October 23, 2007 requesting an appeal in this matter.

An appellate proceeding is not simply a "re-do" of the trial court proceedings. The Court of Appeals has no jurisdiction to hear an appeal where the notice of appeal does not meet the filing requirements of the code, and the Court of Appeals has no authority to grant relief where the Appellant fails to identify an error of law or procedure committed by the trial court that affected the outcome of the case.

The Skokomish Rules of Appellate Procedure limit the right to appeal to "[a]ny person who claims, in good faith, that the Skokomish Tribal Court made a mistake in interpreting the law or a mistake in procedure which affected the outcome of a case." STC 3.01.101 (Appellate Rule 101). Furthermore the rules require that "[t]he notice of appeal shall contain the name of the parties, the case docket number, the date and nature of the judgment appealed from, and the reasons why the party appealing thinks the court made a mistake." STC...