The Minnesota Court of Appeals issued an unpublished decision in State v. Davis, affirming state criminal jurisdiction over an Indian for an off-reservation crime.
Here is the opinion.
criminal jurisdiction
State v. Pink
Washington State Appellate Court rules the State had no jurisdiction on a road in the Quinault Tribe Reservation.
We hold that the Quinault Tribe’s grant of a highway easement to the State did not terminate the Quinault Tribe’s interest in the land over which the highway runs and that the State did not have jurisdiction to prosecute Pink for unlawfully possessing a firearm on the road running through the tribal land. Accordingly, we affirm.
State of Washington v. Pink — PL280 in Washington State
From the opinion by the Washington Court of Appeals:
We hold that, because he did not commit any traffic violations involving the operation of a motor vehicle, the State lacked the jurisdiction necessary to prosecute Pink, an enrolled tribal member, for allegedly unlawfully possessing a firearm in violation of RCW 9.41.040 on SR 109 within the Quinault Tribe lands.
U-M Native American Law Day 2008: Combating Crime in Indian Country
Though they’re competing with our own Cohen panel on March 28, I have to point out the good work that the U of M NALSA is going in continuing the long-standing tradition of “Law Days” at the law school. Here is this year’s flyer — American Indian Law Day 2008
Moses v. State of Michigan (Mich. App.) Materials
As we blogged before, the Michigan Court of Appeals recently decided Moses v. State, in which an Indian sought to overturn his conviction on the basis that the land upon which the crime was committed with Indian Country; specifically, Saginaw Chippewa Indian Country.
Here are the briefs:
Wind River Reservation Diminshment — Yellowbear v. Wyoming (Wyo. S. Ct.)
The Wyoming Supreme Court decided Yellowbear v. Wyoming, finding that the Wind River Reservation had been diminished in upholding the conviction of Yellowbear (h/t Indianz).
Once again, a state court has been placed in the position of adjudicating Indian reservation boundaries in the context of of a criminal case.
Sen. Dorgan Concept Paper on Violent Crime in Indian Country
From Sen. Dorgan’s office:
November 7th, 2007 – Over the past year, the Senate Committee on
Indian Affairs has held three oversight hearings, a series of
listening sessions, and multiple meetings with tribal leaders to
discuss the longstanding problem of violent crime in Indian Country.
Senator Byron Dorgan, Chairman of the Senate Committee on Indian
Affairs, has developed a concept paper which has been sent to tribal
leaders. The concept paper, found here, is a compilation of comments
from tribal leaders that examines the problems and lists a number of
proposed solutions to law enforcement issues in Indian Country.
The Committee will continue to meet with tribal leaders over the next
few months in the development of legislation to address this issue.
For those who wish to provide additional comments, we invite you to
share your comments and ideas with us through our website. Please
click on the link below and share with us your thoughts on this
important matter. However, if you wish to submit any documents in
addition to your comments, please e-mail comments@indian.senate.gov
with both your comments and attachments. Similarly, you may fax the
information to (202) 228-2589.
http://www.indian.senate.gov/public/_files/Indiancrimeconceptpaper.pdf
Congressional Authority to Reaffirm Tribal Criminal Jurisdiction over Non-Indians
The recent testimony before the Senate Indian Affairs Committee regarding the possible Congressional reaffirmation of tribal criminal jurisdiction over non-Indian domestic violence and sexual assault perpetrators — that we blogged about earlier — is now complete with the final version of Riyaz Kanji’s testimony on Congressional authority to take this action.
Congressional Research Service Reports
If anyone out there wants to find out what “secret” reports Members of Congress and their staffers read when confronted with an Indian law question, check out some of these CRS reports, now starting to appear online.
Indian Reserved Water Rights: An Overview (2005)
United States v. Lara (2003)
IGRA: Gaming on Newly Acquired Lands (2006)
Wagnon v. Prairie Band Potawatomi Nation (2005)
Cobell (2005)
Contract Support Costs: Cherokee Nation v. Leavitt (2005)
NAGPRA (2005)
Adam Walsh Act (2007)
Native Hawaiian Recognition (2005)
There are more reports at http://www.opencrs.com/
Violence Against Indian Women
The Senate Indian Affairs Committee heard powerful testimony from Indian women last week on the pervasive problem of violence against women. Riyaz Kanji of Ann Arbor’s Kanji & Katzen testified that Congress has authority to extend criminal jurisdiction over non-Indians to Indian tribes, if it chooses.
The Amnesty Report that helped to jump start this issue in Congress is here.
Sarah Deer’s recent editorial in Indian Country Today on the topic is here. And some of her related material is here, an article in the Suffolk Law Review.
Turtle Talk 