Turner Ex Rel. Kiowa Tribe v. McGee
Court of Appeals for the Tenth Circuit
1Opinion of the Court
LUCERO, Circuit Judge.
Michael Turner, a member of the Kiowa Tribe, was charged by Oklahoma state authorities with instituting or encouraging cockfighting. The state court rejected Turner’s argument that the crime took place in Indian Country as defined under 18 U.S.C. § 1151. While state prosecution was ongoing, Turner requested that the Court of Indian Offenses for the Kiowa Tribe enjoin the state proceeding. That court dismissed for lack of subject matter jurisdiction. Turner was subsequently convicted in state court.
Turner then sued the judges of the Court of Indian Offenses in federal…
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