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Jurisdiction

Last updated February 16, 2010

State Has Jurisdiction Through Federal Acts Other Than Public Law  280

State jurisdiction over reservations is conferred under 18 U.S.C. § 3243 (ch. 645, 62 Stat. 827, June 25, 1948, recodifying 25 U.S.C. § 217a, 54 Stat. 249, June 8, 1940).

Legislation

18 U.S.C. § 3243 (ch. 645, 62 Stat. 827, June 25, 1948, recodifying 25 U.S.C. § 217a, 54 Stat. 249, June 8, 1940, and conferring state criminal jurisdiction over reservations)

Case Law

Prairie Band Potawatomi Nation v. Wagnon, 402 F.3d 1015 (10th Cir. 2005), appeal pending

 

Oyler v. Allenbrand, 23 F.3d 292 (10th Cir. 1994)

 

Negonsott v. Samuels, 507 U.S. 99 (1993)

 

State v. Nioce, 716 P.2d 585 (Kan. 1986)

 

Iowa Tribe of Indians of Kansas and Nebraska v. State of Kansas, 787 F.2d 1434 (10th Cir. 1986)

 

State v. Mitchell, 642 P.2d 981 (Kan. 1982)

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