Does state case law serve as binding precedent upon the Trial Court?
No. Only decisions by the Supreme Court possess binding precedential authority on matters of tribal law. Otherwise, the Trial Court must attempt to remain consistent in its adjudication of similar cases and controversies. See Constitution of the Ho-Chunk Nation, Art. VII, ยง 7(c); see also Jacob Lonetree et al. v. Robert Funmaker, Jr. et al., SU 00-16 (HCN S. Ct., Mar. 16, 2001). However, state case law may serve as persuasive authority.
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- Does state case law serve as binding precedent upon the Trial Court?
