Legal Opinion
Spota v. Jackson
New York Court of Appeals
Decided February 7, 2008PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
The question before us is whether Indian Law § 8 granted the County Court the discretion to determine, independent of the Indian nation, that respondent, Tina Jackson, was not an “intruder” upon tribal land. We conclude that the court did not have that discretion.
In the 1980s, George Jackson (the husband), a blood-right member of the Unkechaug Indian Nation, received an allotment of land located at 165 Poospatuck Lane on the Poospatuck *48Indian reservation.1 In 1985 he moved to the allotment with his wife, respondent Tina Jackson (the wife), a non-Indian…
2Cases cited16 opinions
- Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978
- United States v. MazurieSupreme Court of the United States · 1975
- Merrion v. Jicarilla Apache TribeSupreme Court of the United States · 1982
- Rosner v. Metropolitan Property & Liability InsuranceNew York Court of Appeals · 2001
- Roff v. BurneySupreme Court of the United States · 1897
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3Cited by3 opinions
- United States v. SmithDistrict Court, S.D. New York · 2014
- Unkechaug Indian Nation v. TreadwellAppellate Division of the Supreme Court of the State of New York · 2021
- People v. MurrayAppellate Division of the Supreme Court of the State of New York · 2021