Legal Opinion
United States v. Lowry
Court of Appeals for the Ninth Circuit
Decided January 16, 2008No. 06-10469PublishedCited by 9 opinions
1Opinion of the Court
BYBEE, Circuit Judge:
In this case we are presented with a question of first impression: Who bears the burden of proof when a defendant is charged with occupation of Forest Service land in violation of 36 C.F.R. §§ 261.10(b) and (k)? Must the prosecution prove that the defendant does not have individual aboriginal title, or is the claim an affirmative defense? We hold that the occupant claiming individual aboriginal title bears the burden of demonstrating such title as an affirmative defense. Applying that standard, we conclude that the defendant in this case failed to meet this burden, and we…
2Cases cited17 opinions
- United States v. Mendoza-LopezSupreme Court of the United States · 1987
- United States v. Edward CarranzaCourt of Appeals for the Ninth Circuit · 2002
- McKelvey v. United StatesSupreme Court of the United States · 1922
- Cramer v. United StatesSupreme Court of the United States · 1923
- United States v. Oscar Acosta DelgadoCourt of Appeals for the Ninth Circuit · 2004
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States v. PelisamenCourt of Appeals for the Ninth Circuit · 2011
- Big Lagoon Rancheria v. State of CaliforniaCourt of Appeals for the Ninth Circuit · 2015
- United States v. BacklundCourt of Appeals for the Ninth Circuit · 2012
- United States v. Raymond Jarlik BellCourt of Appeals for the Ninth Circuit · 2014
- United States v. BacklundCourt of Appeals for the Ninth Circuit · 2012
4 more not listed; retrieve them via the Exa API.