Washington Appellate Court Affirms Conviction of Spokane Indian under PL280

Here is the opinion in State v. Abrahamson.

An excerpt:

Under RCW 37.12.010, the State of Washington assumed criminal and civil jurisdiction over Indians on Indian lands for eight specific areas of law, including the “[o]peration of motor vehicles upon the public streets, alleys, roads and highways.” RCW 37.12.010(8). As amember of the Spokane Indian Tribe, Manuel S. Abrahamson asserts the state court did not have jurisdiction to convict him of the crimes of drivingwhile under the influence, attempting to elude, and driving while license revoked, committed on the Tulalip Indian Reservation. Abrahamson claims the State’s assumption of jurisdiction over Indians on an Indian reservationfor the operation of motor vehicles does not apply to criminal offenses. We disagree. We hold that under the plain and unambiguous language of RCW37.12.010 the State assumed jurisdiction over all criminal offenses committedby Indians while operating a motor vehicle on public roads on an Indian reservation, and affirm.

Tribal Amicus Brief Supporting Kickapoo v. Texas Cert Petition

Several tribes — Jena Band of Choctaw Indians, Alabama-Coushatta Tribe of Texas, Citizen Potawatomi Nation, Coquille Indian Tribe, Rincon Band of Luiseno Indians, Shoalwater Bay Indian Tribe, Spokane Tribe of Indians, Standing Rock Sioux Tribe — filed a joint amicus brief supporting the Kickapoo Tribe’s cert petition over the Secretarial procedures for establishing Class III gaming compacts, a rule struck down by the Fifth Circuit a few months ago. Here is the Tribal Amicus Brief. Here is the link to the Kickapoo cert petition. The State’s cert opposition is due later this month.

It is significant, of course, that the United States did not file a cert petition.