Here is a complaint filed by Kurt Kanam against the parties in United States v. Washington in the “Karluk Tribal Court” from last fall:
Treaty of Point Elliott
Washington SCT (On Reconsideration) Holds 5-4 that Tribal Law Enforcement Authority Stops at Rez Boundaries
The majority opinion is here, and the two dissenting opinions are here and here. The majority holds (reversing itself from opinions in 2009 and 2010) that a criminal suspect (here a reckless driver) is utterly free and clear from tribal jurisdiction once the suspect leaves the reservation. Tribal police cannot even hold the suspect until state officials arrive.
One of the dissents raises an interesting point. This outcome strongly encourages anyone — even tribal members — from making a crazy, reckless beeline for the reservation boundary.
Our first posting on this case (with links to briefs) is here. Here are the previous opinions:
First it was 9-0, then 6-3, and now 5-4 the other way. What happened?
Washington SCT Materials on Off-Reservation Hot Pursuit Case
As Indianz reported, the Washington Supreme Court has decided State v. Eriksen — opinion here and dissent here.
Here are links to the briefs:
80653-5 – State v. Eriksen
Hearing Date – 05/12/2009
- Reply of Petitioner
- Amicus Lummi Nation Brief
- Statement of Additional Auth
- Answer to Petition for Review
- Appellant Brief
- Petition for Review
- Respondents Brief
Ninth Circuit Decides Federal Common Law Indian Lands Case
Here is the opinion in U.S. v. Milner, which involves non-Indian shore defense structures interfering with the treaty rights of the Lummi Tribe. The U.S. charged the landowners with trespass.
Turtle Talk 