Cases

EVANS, Circuit Judge. This appeal involves the right of the State of Wisconsin to enforce its criminal laws against a tribal Indian residing on the Menominee Indian Reservation. The alleged offense was committed on a Wisconsin state highway, which the State of Wisconsin had constructed through the Indian Reservation, under express authorization from the Indian Commissioner. The question is raised through appellee’s habeas co

DUFFY, District Judge. Ed Konaha is an enrolled member of the Menominee Tribe of Indians. He resides on the Menominee, Indian Reservation located in this judicial district. This reservation is an unallotted reservation in tribal ownership. Konaha is in the custody of the Sheriff of Shawano County, Wisconsin, by reason of being bound over to the Circuit Court of Shawano County for trial, on the charge of negligent homicide, c

106 Wis.2d 484 (1982) 317 N.W.2d 166 STATE of Wisconsin, Plaintiff-Appellant, v. John LEMIEUX, Defendant-Respondent. STATE of Wisconsin, Plaintiff-Appellant, v. Peter LEMIEUX, Defendant-Respondent.[†] Nos. 81-713, 81-714. Court of Appeals of Wisconsin. Submitted on briefs October 19, 1981. Decided February 16, 1982

560 P.2d 1066 (1977) 277 Or. 251 STATE of Oregon, Respondent, v. Austin Louis SMITH, Petitioner. Supreme Court of Oregon, In Banc. Argued and Submitted January 4, 1977. Decided February 25, 1977. Paul J. DeMuniz, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the briefs was Gary D. Babcock, Public Defender, Salem.

WILLIAM G. CALLOW, J. This is an appeal from an order of the circuit court for Menominee and Shawano counties, Judge Thomas G. Grover, dismissing for lack of jurisdiction three traffic complaints brought by the State of Wisconsin against the defendant, James A. Webster. The state appealed and petitioned to bypass the court of appeals pursuant to sec. 808.05 and sec. (Rule) 809.60, Stats. We granted the petition to bypass. We affi

ROONEY, Justice, dissenting. The general law relative to this matter is nicely summarized in the majority opinion, but I do not believe it to be accurately applied to the facts of this case. The record reflects that approval of the “public highway” here involved occurred on February 18, 1938. See Department of Interior letter dated March 11, 1938. It further reflects that such approval w

546 F.Supp. 1185 (1982) SWIFT TRANSPORTATION, INC., an Arizona corporation, and Ronald M. Hafner, a single man, Plaintiffs and Petitioners, v. Mary JOHN, a widow; Katie Mae John, a single person; Katie Mae John, as next friend of Rodney John and Phillip Jerome John, minors; Mary Lou Gold-tooth, individually, and Mary Lou Gold-tooth, as next friend of Randi Lou Gold-tooth and Raini Lou Goldtooth, minors; Robert Walters, in his official capacity as

320 P.2d 1017 (1958) 63 N.M. 409 STATE of New Mexico, Plaintiff-Appellant, v. Nelson H. BEGAY, Defendant-Appellee. No. 6292. Supreme Court of New Mexico. January 22, 1958. Rehearing Denied February 13, 1958. *1018 Fred M. Standley, Atty. Gen., Frank H. Patton, Sp. Asst. Atty. Gen., Robert

MORRIS, Judge (dissenting). On July 1, 1954, the defendant, Leonard Lohnes, committed assault and battery upon the person of Mary Lohnes. At the time of the assault both were enrolled Indians-of .the Devils Lake Sioux Indian Reservation and wards of the Government of the United States of: America. The assault took place upon Indian land, the title ,to which is held in trust by the United States of America for

COFFIN, Circuit Judge. The petitioner, a Maine Passamaquod-dy Indian, seeks a writ of habeas corpus to obtain his release from serving the last five hours of sentence resulting from state court convictions for driving under the influence of intoxicating liquor and operating a motor vehicle after suspension of his license. Hi's only de

Weaver, C. J. — Calvin Arquette was charged with the intentional taking of an automobile without the permission of the owner. RCW 9.54.020. He waived counsel, pleaded guilty, and was sentenced to the penitentiary for a period of not more than ten years. No challenge was then made to the jurisdiction of the superior court. Calvin Arquette filed his petition for a writ of habeas corpus in this court and

56 Wn.2d 178 (1960) 351 P.2d 921 In the Matter of the Application for a Writ of Habeas Corpus of CALVIN ARQUETTE, Petitioner, v. MERLE E. SCHNECKLOTH, as Superintendent of the State Penitentiary, Respondent.[1] No. 34126. The Supreme Court of Washington, En Banc. May 5, 1960. The Attorney General and Michael R. Alfieri, A

MR. JUSTICE ANGSTMAN, (dissenting). It is my view that the place where this crime was committed is no longer under the jurisdiction of the United States but is under the jurisdiction of the state of Montana and that the district court was right in so holding. Prior to the 1948 amendment of the federal statute, the rule was “that the country that was formerly subject to the Indian occupancy continued to be Indian

1 Reported in 16 N.W.2d 752. Defendant is a member of the Minnesota Chippewa tribe of Indians, enrolled as such with the Indian office at Cass Lake and with the United States Bureau of Indian Affairs. He resides with his family upon his mother's trust allotment in Beltrami county within the limits of the Leech Lake Indian Reservation, and has no allotment of his own. In May 1943, he vi

129 F.Supp. 15 (1955) Thomas IRON CROW, Marie Little Finger and David Black Cat, Plaintiffs, v. The OGALLALA SIOUX TRIBE OF THE PINE RIDGE RESERVATION, SOUTH DAKOTA, Moses Two Bulls, Charles Little Hawk and Peter Mesteth, Defendants. Civ. No. 456. United States District Court, D. South Dakota, W. D. February 24, 1955. *16 John C.

March 21, 1979 79-18 MEMORANDUM OPINION FOR THE DEPUTY ATTORNEY GENERAL Jurisdiction—Federal or State—“ Victimless” Crimes Committed by Non-Indians on Indian Reservations—18 U.S.C. §§ 1152, 1153 This responds to your request for our opinion whether so-called “ vic­ timless” crimes committed by non-Indians on Indian reservations fall within the exclusive jurisdiction

83 Ariz. 299 (1958) 320 P.2d 697 Matter of the Application of Ted DENETCLAW, a Navajo Indian, for a Writ of Habeas Corpus. No. 6519. Supreme Court of Arizona. January 28, 1958. *300 D.L. Greer, Apache County Atty., St. Johns, for appellant. Laurence A. Davis and Lawrence C. Huerta, Window Rock, for appellee

65 F.Supp. 4 (1946) In re FREDENBERG. Civ. A. No. 3514. District Court, E. D. Wisconsin. April 2, 1946. Lloyd G. Andrews, of Shawano, Wis., and Samuel J. Flickinger, of Chicago, Ill., for petitioner. Ovid B. Strossenruether, of Shawano, Wis., for Sheriff of Shawano County. DUFFY, District Judge. This is an application for a writ of habeas corpus. Petiti