New Mexico Court of Appeals Reaffirms Holding that Fort Wingate Military Reservation (Navajo) is Indian Country

Here is the opinion in State v. Steven B.:

CA31,322

An excerpt:

In State v. Dick, 1999-NMCA-062, 127 N.M. 382, 981 P.2d 796, this Court held that the State does not have jurisdiction to prosecute a criminal defendant within Parcel Three of the former Fort Wingate Military Reservation (Parcel Three). A subsequent decision by the United States District Court for the District of New Mexico, United States v. M.C., 311  F. Supp. 2d 1281 (D.N.M. 2004), decided otherwise. In this appeal, the State asks this Court to agree with the federal court decision and overrule its holding in Dick. Because we continue to believe that Parcel Three is within “Indian country” as defined by 18 U.S.C. § 1151 (1949) and discussed in Alaska v. Native Village of Venetie Tribal Government (Venetie), 522 U.S. 520 (1998), we affirm the ruling of the district court dismissing the State’s prosecution.

The federal court decision referenced in the opinion is here: 311_F.Supp.2d_1281

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

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