Legal Opinion · Dissent

State v. Perank

Utah Supreme Court

Decided August 4, 1993No. 860243Published

1Dissent

ZIMMERMAN, Justice:

(dissenting).

I dissent. I cannot join the majority in interpreting a federal statute that affects the boundaries of the Uintah-Ouray Indian Reservation in a way which contradicts the construction approved by a majority of the entire United States Court of Appeals for the Tenth Circuit. I find almost incredible *954the refusal of the majority of this court to accord comity to a federal court’s decision in an area in which the federal government has preeminent authority and a unique trust responsibility. A majority of this court has given the State of Utah what it has desperately…

2Cases cited39 opinions

  1. Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
  2. United States v. WheelerSupreme Court of the United States · 1978
  3. Worcester v. GeorgiaSupreme Court of the United States · 1832
  4. McClanahan v. Arizona State Tax CommissionSupreme Court of the United States · 1973
  5. White Mountain Apache Tribe v. BrackerSupreme Court of the United States · 1980

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