Legal Opinion

State v. Moses

Washington Supreme Court

Decided January 10, 2002No. 70742-1PublishedCited by 21 opinions

1Opinion of the CourtJohnson, J.

This case involves whether the double jeopardy statute, RCW 10.43.040, bars Cowlitz County from prosecuting a defendant previously convicted in tribal court for similar offenses based upon the same incident. Because Indian tribes are not among the sovereigns included within the statute’s meaning, we hold it does not. We affirm the Court of Appeals on different grounds.

FACTS

On February 19, 1998, petitioner Anthony Moses, Sr. (Moses), a registered member of the Tulalip Indian Tribes (Tulalip Tribes), shot and killed a number of elk at night with the aid of artificial light. The elk were on…

2Cases cited18 opinions

  1. United States v. WheelerSupreme Court of the United States · 1978
  2. United States v. KagamaSupreme Court of the United States · 1886
  3. Oliphant v. Suquamish Indian TribeSupreme Court of the United States · 1978
  4. Donnelly v. United StatesSupreme Court of the United States · 1913
  5. United States v. McBratneySupreme Court of the United States · 1882

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3Cited by21 opinions

  1. State v. GrayWashington Supreme Court · 2012
  2. State v. CooperWashington Supreme Court · 2006
  3. State v. CooperWashington Supreme Court · 2006
  4. Manary v. AndersonWashington Supreme Court · 2013
  5. State v. MosesWashington Supreme Court · 2002

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

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