Public Law 280 – Page 7

In his application, Lawyer alleged that his counsel was ineffective for failing to file a motion to change venue. Specifically, he asserted the crime he was convicted of occurred on the Nez Perce Indian Reservation, that he is a member of the Nez Perce Tribe, and the State lacked jurisdiction to prosecute him. On appeal, he appears to renew this argument, stating that his trial and appellate counsel were “not aware and sensitive to Tribal Court Jurisdiction.” Pursuant to I.C. § 67-5101, the State of Idaho has jurisdiction for the criminal enforcement of state laws concerning various matters arising in Indian country, including “[o]peration and management of motor vehicles upon highways and roads maintained by the county or state.” Idaho courts have previously held that “the State of Idaho has authority to enforce the motor vehicle laws of this state in Indian Country pursuant to the consent provided in Public Law 280 and as implemented by the Idaho Legislature in I.C. § 67-5101.” State v. Beasley, 146 Idaho 594, 597, 199 P.3d 771, 774 (Ct. App. 2008). It is undisputed that Lawyer was stopped and arrested while driving on State Highway 12 on the Nez Perce Indian Reservation. Therefore, Lawyer was driving on a state highway, over which the State of Idaho has expressly assumed jurisdiction.

Important New Empirical Research on PL280’s Impact on Indian Reservation Crime and Economies

June 27, 2012June 27, 2012Matthew L.M. Fletcher

Valentina P. Dimitrova-Grajzl, Peter Grajzl, and A. Joseph Guse, have posted “Jurisdiction, Crime, and Development: The Impact of Public Law 280 in Indian Country” on SSRN. Here is the abstract:

Public Law 280 transferred jurisdiction over criminal and civil matters from the federal to state governments in selected parts of Indian country. Where enacted, the law fundamentally altered the pre-existing legal order. Public Law 280 thus provides a unique opportunity to study the impact of legal institutions and their change on socio-economic outcomes. The law’s controversial content has attracted interest from legal scholars. However, empirical studies of its impact are scarce and do not address the law’s endogenous nature. We examine the law’s impact on crime and on economic development in U.S. counties with significant American Indian reservation population. To address the issue of selection of areas subject to Public Law 280, our empirical strategy draws on the law’s politico-historical context. We find that the application of Public Law 280 increased crime and lowered incomes. The law’s adverse impact is robust and noteworthy in magnitude.

This is perhaps the most important piece of empirical scholarship on Public Law 280 in that the researchers are not recognized as supporting either side, as far as I can tell.

Washington Appeals Court Applies Nevada v. Hicks to Authorize State Search Warrant at Colville

April 16, 2012Matthew L.M. Fletcher3 Comments

Here are the materials in State v. Clark (Wash. App.):

Wash COA Opinion

And the briefs:

Cert Petition in Comenout v. Washington — Tax Case

March 28, 2012March 28, 2012Matthew L.M. Fletcher

Here.

Here are the questions presented:

1. Did the court below err by holding that the State of Washington has jurisdiction to charge a state cigarette tax crime against a Quinault Indian and other Indians allegedly selling untaxed cigarettes at the Quinault Indian’s trust allotment located outside the Quinault Indian Reservation boundaries?

2. Did the court below err in refusing to apply the federal law definition of Indian country, 18 U.S.C. § 1151(c)?

3. Did the court below err in holding that the State of Washington, an optional Public Law 280 state, had state tax crime criminal jurisdiction of enrolled Indians on trust lands?

4. Did the court below err in holding that Washington law, Wash.Rev.Code 37.12.010 through 060, was exempt from the Quinault Tribe’s retrocession of state jurisdiction?

Minnesota Cert Opposition Brief in Beaulieu v. Minnesota

March 21, 2012Matthew L.M. Fletcher

Here:

Mn AG Brief Oppsng Kev B Pet4 Cert 3-14-12

You may recall the state waived its right to respond to the cert petition, but the SCT called for a response.

Washington Legislature Enacts Public Law 280 Retrocession Process

March 9, 2012December 5, 2012Matthew L.M. Fletcher

Amazing news!

Bob Anderson’s summary of the bill and the text is here:

PL 280 Memo 3.9.12

SCT Issues Call for Response to Minn. AG re: Beaulieu Cert Petition

February 18, 2012February 20, 2012Matthew L.M. Fletcher3 Comments

Here is the CFR (US S Ct Clerk ltr2 Mn Atty Gen 2-13-2012).

This is interesting, and should place the case on the list of petitions to watch. The fairly significant confusion in Minnesota PL 280 jurisdiction cases may be playing a role here.

The petition is here.