Legal Opinion

State v. Romero

New Mexico Supreme Court

Decided June 14, 2006No. Nos. 28,410, 28,688PublishedCited by 18 opinions

1Opinion of the Court

OPINION

SERNA, Justice.

■ {1} The State of New Mexico charged Defendant Romero for alleged crimes on privately-owned land within the exterior boundaries of Taos Pueblo and Defendant Gutierrez for alleged crimes on privately-owned fee land within the exterior boundaries of Pojoaque Pueblo. Both Defendants challenged the indictments due to the State’s lack of jurisdiction to prosecute Indians in Indian country and petitioned this Court to determine whether the State has jurisdiction.1 We conclude that the State does not have jurisdiction to prosecute Defendants for alleged crimes occurring within…

2Cases cited14 opinions

  1. Montana v. Blackfeet Tribe of IndiansSupreme Court of the United States · 1985
  2. DeCoteau v. District County Court for the Tenth Judicial DistrictSupreme Court of the United States · 1975
  3. Solem v. BartlettSupreme Court of the United States · 1984
  4. United States v. SandovalSupreme Court of the United States · 1913
  5. Seymour v. Superintendent of Washington State PenitentiarySupreme Court of the United States · 1962

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3Cited by18 opinions

  1. Marbob Energy Corp. v. New Mexico Oil Conservation CommissionNew Mexico Supreme Court · 2009
  2. Hydro Resources, Inc. v. United States Environmental Protection AgencyCourt of Appeals for the Tenth Circuit · 2010
  3. State v. NealNew Mexico Court of Appeals · 2007
  4. Garcia v. GutierrezNew Mexico Supreme Court · 2009
  5. State v. HarrisonNew Mexico Supreme Court · 2010

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