Here is the opinion in State v. Roy:
Minnesota SCT Refuses to Grant Credit to Prisoner for Time Spent in Red Lake Tribal Jail Unless that Time Was Spent for a State Offense
Here is the opinion in State v. Roy:
State v. Roy
Minnesota COA Holds Red Lake Ojibwe Convictions Not Eligible for Interjurisdictional Jail Credit
Here is the opinion in State v. Roy:
Minnesota Court of Appeals Affirms State Criminal Jurisdiction over Tribal Members
The Minnesota Court of Appeals affirmed the conviction of a tribal member (Minnesota Chippewa Tribe, Fond du Lac Band, Leech Lake resident) for firearms violations, holding that the court had jurisdiction under PL 280 in State v. Roy (opinion). Here is the court’s syllabus:
Under Public Law 280, Minnesota has jurisdiction to prosecute a tribal member for a violation of the felon-in-possession statute, Minn.Stat. § 609.165 (2004), because: (a) the inability to possess a firearm under Minn.Stat. § 609.165 is the result of the individual’s criminal conduct; (b) the prosecution does not affect the tribe’s treaty hunting rights; and (c) Minn.Stat. § 609.165 is criminal/prohibitory.
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