Washington v. Cayenne — WA SCt Petition for Review — Treaty Rights

This is a criminal case in Washington state with possible implications for any tribe with preserved treaty hunting and fishings. The crime was committed by Cayenne (allegedly, I suppose) off the reservation, involving a violation of state fishing laws (i.e., gillnetting). The trial court issued an order upon conviction that the tribal member could not use gillnets even on the reservation because of this off-reservation crime. The Washington Court of Appeals reversed that aspect of the punishment.

Now the State is petitioning the State Supreme Court for review.The State AG filed an amicus in support of the petition. Some of the arguments made by the AG are troubling in the least.

Here are the materials:

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