Legal Opinion
Owen v. Weber
Court of Appeals for the Eighth Circuit
Decided July 27, 2011No. 10-3330PublishedCited by 2 opinions
1Per curiam
At a tribal housing complex in Peever, South Dakota, Lance George Owen stabbed two men, killing one. A state court convicted him of first degree murder and aggravated assault. Sentenced to life imprisonment, he appeals the district court’s 2 denial of a writ of habeas corpus. Having jurisdiction under 28 U.S.C. § 1291, we affirm.
Owen, a Native American, challenges the state’s jurisdiction to try him. In South Dakota, federal courts have exclusive jurisdiction of major crimes committed by Native Americans within “Indian country.” See 18 U.S.C. § 1153 (conferring jurisdiction); 18 U.S.C. §…
2Cases cited9 opinions
- Alaska v. Native Village of Venetie Tribal GovernmentSupreme Court of the United States · 1998
- Broderick Collier, Appellant/cross-Appellee v. Larry Norris, Director, Arkansas Department of Corrections, Cross-Appellant/appelleeCourt of Appeals for the Eighth Circuit · 2007
- United States v. State of South DakotaCourt of Appeals for the Eighth Circuit · 1981
- Yankton Sioux Tribe v. PodhradskyCourt of Appeals for the Eighth Circuit · 2010
- Williams v. NorrisCourt of Appeals for the Eighth Circuit · 2010
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3Cited by2 opinions
- David L. Meador v. Pat BransonCourt of Appeals for the Eighth Circuit · 2012
- Owen v. WeberSupreme Court of the United States · 2012