Cert Petition in Kelsey v. Pope

Cert Petition regarding the question of the Little River Band’s criminal jurisdiction over off-reservation crimes affecting core tribal government interests.

Questions presented:

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).

No. 16-5120 Kelsey Cert Petition

Prior posts on Kelsey v. Pope, including lower court decisions, are here.


This entry was posted in Criminal, Indian Act, Michigan Indian, tribal courts, tribal membership. Bookmark the permalink.

2 Responses to Cert Petition in Kelsey v. Pope

  1. Pingback: Cert Opposition in Kelsey v. Pope | Turtle Talk

  2. Pingback: SCOTUS Denies Cert in Several Indian Law Matters | Turtle Talk

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