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Monday, July 21, 2003

A New York judge won't allow a member of the Oneida Nation to be tried in a city court for charges he faced in tribal court.

State Supreme Court Judge William F. O'Brien III said the dual prosecution of Clint Hill would amount to double jeopardy. He said the Oneida tribal court falls under the jurisdiction of the United States.

O'Brien's ruling overturns a city judge who said dual prosecution was allowed because the tribe's prosecution flowed from its inherent sovereignty. It also appears to conflict with decisions in two federal circuits, which have upheld inherent tribal jurisdiction over Indians.

Get the Story:
Tribal court finding upheld (The Syracuse Post-Standard 7/19)

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Tribal jurisdiction faces test before Supreme Court (07/03)
Court rulings on tribal jurisdiction are in conflict (04/16)
Inouye ties sovereignty to homeland security (02/25)
Tribes seek to overturn Supreme Court (2/27)
Native man denied by Supreme Court (01/22)
Court upholds dual tribal, federal prosecutions (7/2)

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