Legal Opinion

State v. Dick

New Mexico Court of Appeals

Decided May 7, 1999No. 18969PublishedCited by 17 opinions

1Opinion of the Court

OPINION

PICKARD, Chief Judge.

{1} Defendant was arrested in McKinley County, and charged in state court, for driving while under the influence of intoxicating liquor (DWI). He filed a motion to dismiss that challenged the jurisdiction of the McKinley County District Court, arguing that the arrest occurred in “Indian country” and as a result fell outside the state court’s jurisdiction. The district court denied Defendant’s motion to dismiss, and Defendant now appeals that denial. In light of the United States Supreme Court’s recent discussion of this issue in Alaska v. Native Village of Venetie…

2Cases cited10 opinions

  1. United States v. KagamaSupreme Court of the United States · 1886
  2. Williams v. United StatesSupreme Court of the United States · 1946
  3. United States v. McGowanSupreme Court of the United States · 1938
  4. Alaska v. Native Village of Venetie Tribal GovernmentSupreme Court of the United States · 1998
  5. United States v. PelicanSupreme Court of the United States · 1914

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3Cited by17 opinions

  1. State v. FrankNew Mexico Supreme Court · 2002
  2. Dark-Eyes v. Commissioner of Revenue ServicesSupreme Court of Connecticut · 2006
  3. State v. FrankNew Mexico Court of Appeals · 2001
  4. State v. QuintanaNew Mexico Supreme Court · 2008
  5. Thompson v. County of FranklinDistrict Court, N.D. New York · 2000

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