Legal Opinion

State v. Oyler

Court of Appeals of Kansas

Decided December 21, 1990No. 65,061PublishedCited by 8 opinions

1Opinion of the Court

Davis, J.:

The defendant, Jimmie D. Oyler, Sr., appeals his convictions on three counts of the possession of more than 200 cigarettes without the required tax indicia in violation of K.S.A. 79-3321 and K.S.A. 79-3322 and on three counts of the sale of cigarettes at retail that did not bear the Kansas tax indicia in violation of K.S.A. 79-3321 and K.S.A. 79-3322. He contends that the State of Kansas lacks jurisdiction because he is a Cherokee Indian and his smokeshop is on Indian land.

Jimmie D. Oyler, Sr., owns and operates Shawnee Jim’s Indian Country Smokeshop (Smokeshop) located in rural…

2Cases cited6 opinions

  1. McClanahan v. Arizona State Tax CommissionSupreme Court of the United States · 1973
  2. Washington v. Confederated Tribes of the Colville Indian ReservationSupreme Court of the United States · 1980
  3. Moe v. Confederated Salish & Kootenai Tribes of the Flathead ReservationSupreme Court of the United States · 1976
  4. Iowa Tribe of Indians of Kansas and Nebraska, a Federally Recognized Indian Tribe v. State of KansasCourt of Appeals for the Tenth Circuit · 1986
  5. National Collegiate Athletic Ass'n v. Kansas Department of RevenueSupreme Court of Kansas · 1989

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Kathy L. Kaul v. Robert T. Stephan, Attorney GeneralCourt of Appeals for the Tenth Circuit · 1996
  2. Jimmie D. Oyler v. Fred Allenbrand and the Attorney General of KansasCourt of Appeals for the Tenth Circuit · 1994
  3. Oyler v. FinneyDistrict Court, D. Kansas · 1994
  4. Kaul v. StephanDistrict Court, D. Kansas · 1993
  5. State v. OylerCourt of Appeals of Kansas · 1990

3 more not listed; retrieve them via the Exa API.

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