State v. Hill

The majority concludes that defendant’s challenge to the circuit court’s authority to enforce state criminal law against him for his conduct at the Wildhorse Casino on the Umatilla Indian Reservation presents a challenge to the court’s subject matter jurisdiction and, hence, is a challenge that he can raise for the first time on appeal. I respectfully disagree. Federal law limits Oregon’s authority to apply its criminal law against people who commit crimes at the Wildhorse Casino, but that limit affects who can be subjected to state criminal law in state court, which, as I will explain, is a…