Minnesota COA Reverses Lower Court on Tribal Jurisdiction Issue

Baffles me why this is unpublished….

Here is the opinion in Nason v. 1991 Buick.

The tribal interest in self-governance rests with the Mille Lacs Band of Ojibwe Indians-both the incident leading to the forfeiture proceeding and the seizure of respondent’s vehicle took place on the Mille Lacs Reservation. Because respondent is enrolled in the Fond du Lac Band, the Mille Lacs Band’s interest in self-governance is not as strong over respondent. We reject respondent’s argument that we should consider the Minnesota Chippewa Tribe as a whole when assessing the strength of the interest in self-governance; that argument was considered and rejected by the supreme court in Davis, and we find nothing to distinguish respondent’s case from Davis.

Based on the state’s strong interest of promoting safety on state roads and the weaker tribal interest in self-governance present in this case, we conclude that a forfeiture proceeding against respondent in state court is not preempted by federal or tribal interests. We therefore conclude that the state has subject-matter jurisdiction to hear the forfeiture action involving respondent’s vehicle.

This entry was posted in Author: Matthew L.M. Fletcher, Criminal, Research and tagged , , , , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s