Utah's top court hears Indian Country dispute
Thursday, March 1, 2007
Filed Under:
Law
The state of Utah, the Ute Tribe and a terminated Indian argued over jurisdiction and Indian Country before the Utah Supreme Court on Wednesday.
Rickie Reber, 54, was convicted of hunting without a state license in Uintah County. He is a descendant of a imxed-bood Ute band that was terminated by Congress.
A court of appeals threw out the conviction. The court said the state had no jurisdiction because the land where the hunting occurred was never terminated by Congress and remains part of the Ute Reservation.
The Ute Tribe, however, took an odd position in court. The tribe is giving up any claims to the land, saying it belongs to the state.
The state claims that Reber, as a terminated Indian, can't fall under federal or tribal jurisdiction. "The only victim in this case is the deer and the deer is not an Indian," a state attorney said, The Deseret Morning News reported.
Get the Story:
Tribal connectons in question on deer hunting case
(The Deseret Morning News 3/1)
Court of Appeals Decision:
State
v. Reber (November 10, 2005)
Related Stories:
Court revives mixed-blood
Ute termination case (1/22)
Terminated
Utes to press case in court, public arena (02/22)
Terminated Utes seek to regain status, identity
(11/21)
Utah court blocks state jurisdiction
on hunting (11/11)
Utah court tries to
figure out who is legally Indian (09/22)
Court to hear terminated Ute hunting rights
case (09/08)
Federal courts try to
decide who is legally Indian (08/24)
Unrecognized tribe loses aboriginal rights case
(1/27)
Termination
policy still affects Utah tribes (8/7)
Non-recognized tribe wins round in
suit (4/16)
Utah says tribe
not real (11/8)
Copyright © Indianz.Com
Subscribe