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Judge allows state prosecution of mixed-blood Ute
Wednesday, April 30, 2008
Filed Under: Law

A judge in Utah says a descendant of a mixed-blood Ute can be prosecuted in state court.

Jesse Doyle Clark said he is a member of the Uintah Band of Ute Indians. He argued that the state can't prosecute him for a crime that took place within the boundaries of the Uintah and Ouray Indian Reservation.

But Judge A. Lynn Payne said Clark, who was 16 at the time of the a near-fatal stabbing in October 2004, failed to show he is a member of a federally recognized tribe. Congress terminated the mixed-blood Utes in 1954.

Payen also said Clark didn't prove he had enough blood to be considered an Indian. A recent state Supreme Court decision upheld state jurisdiction over Utes who were terminated.

Get the Story:
State allowed to prosecute man (The Salt Lake City Deseret News 4/30)

Related Stories:
Supreme Court rejects appeals in three tribal cases (10/2)
Utah Supreme Court rules in Ute hunting case (4/25)
Utah's top court hears Indian Country dispute (03/01)
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)



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