Cert Petition regarding the question of the Little River Band’s criminal jurisdiction over off-reservation crimes affecting core tribal government interests.
1. Whether Indian tribes can prosecute their members for acts that occur outside the tribe’s territory absent Congressional authorization; and
2. Whether the Band’s retroactive expansion of a narrow and precise jurisdictional statute to encompass an extraterritorial act previously outside its plain terms violates the due process protections of the Indian Civil Rights Act, 25 U.S.C. § 1302(a), and Bouie v. City of Columbia, 378 U.S. 647 (1964).
Prior posts on Kelsey v. Pope, including lower court decisions, are here.